The need to follow a fair procedure

A fair dismissal requires a fair procedure. All reps need a good working knowledge of the Acas Code of Practice on Discipline and Grievance. There is also Acas Guidance to accompany the Code.

Breach of the Code gives tribunals the power to increase (or cut) compensation by up to 25%. The Code is intended to apply to both “performance” i.e. capability dismissals (see page 289), and “conduct” dismissals (see page 289).

The Acas Code does not apply to redundancy dismissals or to the non-renewal of fixed-term contracts, but it will apply to a dismissal for any of the other reasons discussed in this Chapter.