New Acas Disciplinary Procedure
A new code of practice for disciplinary and dismissal procedure came into force on
April 6, 2009 (Acas Code of Practice on Disciplinary and Grievance). The Acas disciplinary code replaces the old statutory dispute procedures. There was no clean break with the old procedures and transitional arrangements applied in certain circumstances.
Acas Code disciplinary and dismissal procedure
The much criticised statutory dispute procedures are simplified by the Acas Code. Disciplinary procedures under the Acas Code suggest parties ‘should’, rather than ‘must’ act in a certain way. A dismissal will no longer be found to have been automatically unfair if the employer does not follow the procedure. However, Employment Tribunals ruling on individual cases can:
- Increase compensation by up to 25 per cent where the employer has ‘unreasonably’ failed to follow the Acas disciplinary code.
- Reduce compensation by up to 25 per cent where the employee has ‘unreasonably’ failed to follow the Acas disciplinary code.
Using the Acas disciplinary code
The Acas disciplinary code sets out steps employers ‘should’ take when tackling misconduct and poor performance, but not in relation to dismissal on the grounds of redundancy or the non-renewal of a fixed-term contract. It is not clear whether or not the non-renewal of a fixed-term contract for reasons of misconduct or poor performance is covered. The Acas disciplinary code suggests employers ‘should’:
- Investigate the issue.
- Inform the employee of the issues in writing.
- Arrange a disciplinary meeting or hearing.
- Inform the employee of their decision in writing, including the employee’s right to appeal.
- Arrange an appeal hearing where necessary.
- Notify employee of final decision.
For more details of what is required when handling misconduct or poor performance see our factsheet Disciplinary Procedures under the Acas Code.
Want to talk to us about the Acas Code of Practice, disciplinary issues or dismissal?
If you would like to discuss the law in relation to disciplinary issues and dismissal email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0208 256 4490 (Croydon).
