LRD guides and handbook December 2018

Sickness absence and sick pay - a guide for trade unions and working people

Chapter 7

Status of the Code and Guidance

[ch 7: page 106]

Introduced in 2009, with the support of both the CBI and the TUC, the Code is not legally binding, and failing to follow it will not make a dismissal automatically unfair. However, unreasonable failure by either side to follow the Code can lead to an increase or cut in compensation in any successful tribunal claim (up to 25%). A tribunal can also take breaches of the Code into account when deciding whether a dismissal decision was fair.

Acas Guidance on discipline and grievances at work includes a separate section in Appendix 4: Dealing with absence. A failure to follow the Acas Guidance (as opposed to the Code itself) will not trigger any percentage increase or cut to compensation, but it may help persuade a tribunal that a dismissal is unfair.