From the 6th April this year the ACAS Code of Practice on Disciplinary and Grievance Procedures was set in place. So, what has changed?

The new procedure that has recently been put into place is much simpler than the 2004 laws, however, remember, this code is not legally binding.

The new Code has been introduced in order to explain to employers and their staff how to deal with any disciplinary and grievance situations that come about in the workplace.

According to Lemon&Co Solicitor Lauren Harkin, “Employers and employees should always endeavour to resolve disciplinary and grievance matters informally in the workplace. The Code provides a standard of reasonable behaviour to help them to do this.”

What Are The Most Important Things To Remember?

If your company is facing a disciplinary or grievance situation, the most important things to remember are:-
1. The Code is not legally binding, so therefore failure to comply to is does not make you as an employer or an employee liable.

2. When assessing a case, you should always remember that in the future an Employment Tribunal will decide whether you have followed the advice in the Code.

3. Though it is not legally binding, this Tribunal are within their rights to offer 25% compensation if they find that an employer hasn’t reasonably followed the Code. On the other hand, they can decrease compensation by the same amount if they find that an employee has not followed the Code.

4. Though the Code suggests that it is more helpful if you do have one, it is no longer necessary to have written grievance before making a non-dismissal claim.

5. A time limit of three months will be put in place for all Employment Tribunal claims to be made. This includes constructive unfair dismissal and non-dismissal claims, claims for unpais wages, notice pay, redundancy pay and discrimination claims.

6. The Code does not apply to casual workers.

7. It also does not apply to redundancy dismissals or non-renewal of fixed term contracts, but employers do still need to offer employees the chance to appeal against the decision.
“Employers should always take specific legal advice for each individual situation. It is also advisable to keep a written record of every disciplinary and grievance matters dealt with. Employers should also have dedicated policies about disciplinary, equal opportunities, bullying and harassment,” added Ms Harkin.

 
What Do You Think?

Do you think these changes are for the better or for the worse? Do you find them simpler or more complicated? We would love to know your thoughts and opinions on this. Leave your comments here.

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