The following Employment guidance note provides comprehensive and up to date legal information covering:
This Practice Note explains the application of the Advisory, Conciliation and Arbitration Service (Acas) Code of Practice on disciplinary and grievance procedures (often referred to as the Acas code) in employment tribunal proceedings, and its impact on outcome and compensation.
It has long been the case that in any proceedings before a tribunal, court or the Central Arbitration Committee:
any Acas Code of Practice is admissible in evidence, and
any provision of the Code which is relevant to a question in the proceedings shall be taken into account in determining that question
A failure to follow any relevant Code of Practice would not, of itself, give rise to liability. However, where, eg unfair dismissal was being claimed, a claimant could argue that it was unfair because the Acas Code of Practice on Disciplinary and Grievance Procedures had not been followed. It would then be for the tribunal to assess whether:
the Acas Code of Practice was relevant, and
if it was relevant:
whether or not it had been followed
whether any failure rendered the dismissal unfair
With effect from 6 April 2009, the Employment Act 2008 amended this regime.
It continues to be the case that in any proceedings before a tribunal, court or the Central Arbitration Committee:
any Acas Code of Practice is admissible in evidence,
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