1. THE ACAS CODE OF PRACTICE AND GUIDANCE ON DISCIPLINE AND GRIEVANCE

The key resource for reps engaged in representing individual members in both disciplinary and grievance hearings is the Acas Code of Practice on Discipline and Grievance (the “Acas Code”), together with its accompanying Guidance (the “Acas Guidance”). Both documents are free to download from the Acas website at: www.acas.org.uk

All workplace discipline and grievance processes and procedures should comply with the standards set by the Acas Code. They must also meet any extra requirements (for example, for extra stages of appeal) negotiated in any internal discipline and grievance procedure.

The Acas Code of Practice on Discipline and Grievance was introduced in 2009, with the support of both the CBI and the TUC. It replaced failed statutory discipline and grievance procedures which were repealed.

The Code is not legally binding and failing to follow it will not make a dismissal automatically unfair. However, where there has been an unreasonable failure by either side to follow the Code, a tribunal can increase or cut any compensation award by up to 25%.

Alongside the Code, Acas issued new Guidance on dealing with discipline issues and grievances at work. Failing to follow the Guidance (as opposed to the Code itself) will not trigger the tribunal’s statutory power to cut compensation by 25%, but it may nonetheless contribute to a finding that a dismissal is unfair.

The Code is intended to cover both “performance” and “conduct” issues. It emphasises that wherever possible, issues should be resolved informally, and at an early stage. Formal procedures should only be used where the informal route has not succeeded, or where informality is not appropriate, typically because of the serious nature of the issue that needs to be resolved.

Reference is made to key parts of the Acas Code and recommendations from the Guidance where appropriate throughout this booklet.