Employment Tax

ACAS disciplinary and grievance code

Produced by Tolley in association with Andy Williams at Charles Russell Speechlys LLP
  • 22 Mar 2022 12:21

The following Employment Tax guidance note Produced by Tolley in association with Andy Williams at Charles Russell Speechlys LLP provides comprehensive and up to date tax information covering:

  • ACAS disciplinary and grievance code
  • Dealing with issues fairly
  • Rules and procedures
  • Proceedings to which the Code of Practice applies
  • Disciplinary action
  • Definition of ‘disciplinary’
  • Definition of ‘action’
  • Exceptions ― redundancy dismissals and non-renewal of a fixed term contract
  • Uncertainties ― dismissals for retirement, contravention of enactment, ill-health or some other substantial reason
  • Application of the Code of Practice after termination of the employment relationship
  • More...

ACAS disciplinary and grievance code

The ACAS Code of Practice on Disciplinary and Grievance Procedures (current version effective as at 11 March 2015) is in place in order to help employers, employees and their representatives effectively deal with disciplinary and grievance procedures. Employment tribunals will employ the Code in order to assess whether a dismissal for performance and / or misconduct was fair or unfair. Compliance or non-compliance of either party with the provisions of the Code may also lead in an adjustment in eventual compensation awarded by a tribunal of up to 25%.

The Code of Practice applies to any:

  1. disciplinary action taken by an employer

  2. grievance brought by an employee

In any proceedings before a tribunal, court or the Central Arbitration Committee:

  1. the Code is admissible in evidence where the dispute reaches the courts

  2. any provision of the Code which is relevant to a question in the proceedings will be taken into account in determining that question

ACAS has also produced a guide to the ACAS Code of Practice on Disciplinary and Grievance Procedures. This has no statutory authority, but in the event of uncertainty regarding the Code of Practice itself, may be followed by tribunals. It is a useful document to read along with the Code.

Dealing with issues fairly

There are six key elements of fairness underlying the Code:

PromptnessEmployers and employees should deal with issues promptly, including attending all meetings and not unreasonably delaying meetings or decisions
ConsistencyEmployers and employees should act consistently
InvestigationsEmployers should

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