Acas publishes guide to accompany Code of Practice
A revised draft Guide, to accompany the new Discipline and Grievance Code of Practice released last month, has been published by Acas. While the Code sets out general principles for handling disciplinary and grievance situations in the workplace, the guide provides more detailed practical advice for employers and employees on day-to-day situations they face. In November 2008, Acas published the draft version of its revised Code of Practice on Discipline and Grievance’ which will come into force when the current statutory dispute resolution procedures are repealed in April 2009. Employment tribunals are obliged to have regard to the Code and any breach will allow a tribunal to adjust an award by up to 25%. While the Code sets out principles for handling disciplinary and grievance situations in the workplace, the aim of the Guide is to provide more detailed advice and guidance which is helpful to employers and employees, both in general terms and in individual cases.
Although tribunals are not required to have regard to the guidance as they are with the Code, the Guide, nevertheless, provides excellent practice advice about how to deal with day-to-day disciplinary and grievance situations. As such, along with the Code, it should form the basis for reviewing existing policies and procedures, together with forming the foundation upon which managers are trained in their application. The Guide can be viewed at: Acas Draft Guide
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.