Grievances and the Acas Code of Practice

In 2009, Acas issued a revised Code of Practice on discipline and grievances, along with guidance on dealing with discipline and grievances at work. Both can be downloaded from the Acas website at: www.acas.org.uk/index.aspx?articleid=2174

Where the Code has been broken by either employer or employee, tribunals have the power to increase (or cut) compensation by up to 25%.

An employee considering a claim for constructive dismissal should comply with the Acas Code by setting out the grievance first in writing. Employers must arrange a meeting to discuss the grievance and employees should make every effort to attend the meeting with their chosen companion, who can be a union rep or a work colleague. Both sides must avoid unreasonable delay.

Employers must act consistently and carry out all necessary investigations to establish the facts. Employees unhappy with the outcome of a grievance meeting have the right to appeal.

Employees have a right to a copy of the meeting record and any minutes. The minutes are personal data for the purposes of the Data Protection Act 1998.

Any claim for constructive unfair dismissal must be issued within three months of the resignation date, regardless of the stage reached in any grievance procedure, and regardless, for example, of whether the outcome of any appeal is still outstanding. The tribunal has discretion to extend time where it was not reasonably practicable to issue the claim in time, but this discretion is rarely exercised. (See Extending time to bring a dismissal claim).

Remember that from Summer 2013, a claimant will need to pay an issue fee of £250 to launch the Claim, followed later by a hearing fee of £950 (see Chapter 1).

From Spring 2014, a claimant will also have to engage in compulsory Acas pre-claim conciliation (see Chapter 1).