Constructive dismissal claims and the Acas Code on Disciplinary and Grievance Procedures

Employees should take care to comply with the Acas Code of Practice on disciplinary and grievance procedures. The Code, along with supporting guidance, can be downloaded from the Acas website (www.acas.org.uk/index.aspx?articleid=2174).

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

Under the Acas Code:

• the employee should set out their grievance in writing;

• the employer should arrange a meeting to discuss it;

• the employee should make every effort to attend;

• the employee has the right to be accompanied by their chosen companion, who can be a union rep or existing work colleague;

• both sides must avoid unreasonable delay;

• employers must act consistently;

• employers must carry out all necessary investigations to establish the facts;

• employees must be given the right to appeal; and

• employees should be given a copy of the meeting record and any minutes.

For more information see the LRD booklet, Disciplinary and grievance procedures, a practical guide for union reps (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1630).