ACAS has now published its draft guide on discipline and grievances at work. The guide supplements the revised new ACAS Code of Practice on discipline and grievances at work which is currently subject to public consultation (see Human Capital, May 2008). The guide gives detailed advice on practical aspects of disciplinary and grievances issues but will not be enforceable in an Employment Tribunal. A failure to follow the revised new Code will not, in itself, give rise to any liability (i.e. dismissals in breach of the Code will not be ‘automatically unfair’ dismissals). However, Tribunals will be able to adjust compensation awards by up to 25% for unreasonable failure to comply with any provision of the new Code. The draft guide which supplements the Code will not be taken into account when considering any unreasonable failure to comply with the Code for the purposes of applying the 25% uplift.
Click here for draft guidance.