Developing a disciplinary procedure

The Acas Code says reps should be involved in developing disciplinary rules and procedures. 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.

Public sector disciplinary and grievance procedures often have contractual status. 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).