Status of the Code and Guidance

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.