2. Ensuring best practice

All workplace disciplinary and grievance procedures should comply with the minimum requirements of the Acas Code of Practice (see Chapter 1). They can go further, for example by allowing additional warnings or extra stages of appeal.

The Code says that reps should be involved in developing disciplinary and grievance rules and procedures that are suitable for that workplace. Reps have an important role to play in helping to make sure rules are applied fairly, consistently and proportionately across the organisation. Workers and reps should also be consulted on any proposed changes. Where a union is recognised, consultation should be with the union.

Any change to a contractual procedure requires agreement, not just consultation. Where a procedure has been negotiated through collective bargaining with a recognised union, any change must be agreed with the union (Norman & Another v National Audit Office [2014] UKEAT/0276/14/BA, Sparks and others v Department for Transport [2016] EWCA Civ 366).