Acas is an independent employment relations service that aims to improve organisations and working life through better employment relations. It has three Codes that have a special status and provide guidance on good practice in the workplace. Employment Tribunals are required to take the guidance in the Acas Codes into account in arriving at their
decisions.
One of the Codes, on disciplinary and grievance procedures, is being updated to take account of new statutory procedures set out in the Employment Act of 2002. Acas also hopes to make the Code easier to use.
The new statutory procedures are likely to come into effect in October 2004 and will apply to all employers and employees. Acas is hoping to bring the new Code into effect at the same time.
The Code sets out minimum standards for handling disciplinary and grievance cases. However, simply following these minimum procedures will not necessarily ensure that a dismissal is fair under the unfair dismissal legislation. Employment tribunals will still be required to consider whether employers behaved reasonably in all the circumstances.
The revised Acas code therefore aims to give guidance both on the new statutory procedures and on standards of good practice, which tribunals will take into account when considering how employers have handled the case.
Acas Chair Rita Donaghy said:
"We were asked to update our Code to take account of the new legislation - and we have done that. But we have also taken the opportunity to make sure our good practice guidance is clear, practical and reflects today's workplaces.
"We have included a list of core principles of reasonable behaviour in dealing with disciplinary cases to help people understand the test of reasonableness used by tribunals in unfair dismissal cases. We hope this will make it easier for people to weigh up their own case."
The consultation on the revised code will end on 14th April 2004. A final draft of the Code will then be submitted to the Secretary of State for trade and industry for approval, before being laid before Parliament.
