ACAS code of practice on disciplinary and grievance procedures
The introduction of a revised Code of Practice on Disciplinary and Grievance Procedures has been delayed by the reaction to the draft Code. Consultation, which ended on 24th March, brought such widespread comments from organisations and lobbies representing employers and employees that the ACAS Council is now revising the text. A revised draft Code is now expected in early June.
Once a final draft has been agreed, the Secretary of State will then accept or reject the Code. If it is accepted the Code will lie before Parliament for 40 days. This means that the new Code is unlikely to be fully introduced much before the end of July. Some commentators have suggested that the date may be as late as 1st September.
The draft will replace the existing ACAS code on Disciplinary Practice and Procedure in Employment and will contain additional guidance on grievance procedures and the new statutory right (yet to be implemented) for workers to be accompanied at disciplinary and grievance hearings.
Although the Code is for guidance only (and a breach will not mean that the procedure is automatically unfair), the Code will be admissible in evidence and any provision of the Code which appears to an employment tribunal to be relevant to any question arising in proceedings is required to be taken into account in determining that question. Therefore failure to comply with the Code is bound to weaken an employer's position when dealing with disciplinary and grievance matters.
If you require further advice or assistance on disciplinary or grievance matters please contact Simon Jeffreys on 0207 367 3000 or at sbj@cms-cmck.com.
