ACAS have produced a draft revised version of their code of practice on discipline and grievance procedures for public consultation. The publication is part of the overhaul of statutory dispute resolution procedures following Michael Gibbons’ review of the current unpopular procedures, the subsequent public consultation and the Government’s decision to repeal the existing procedures through the Employment Bill.
The purpose of the revised code is to simplify the grievance and disciplinary procedures. To this end the code has been written with the intention of it being shorter, more flexible, more principles based and including more basic practical guidance for all parties to workplace disputes. As is currently the case, an employer’s failure to follow the code will be considered by the Employment Tribunal in the event of a claim.
The revised code should not be a shock to employers who currently follow best practise as it contains many principles and procedures that they will already be very familiar with. Such principles and procedures that the code requires employers to apply include promptness, consistency, proper investigation, impartial decision making, fully informing the employee, allowing the employee to state their case, the right to be accompanied, making appropriate decisions and the right to appeal.
Both the revised disciplinary and dismissal procedures and the ACAS code of practice are expected to come into effect in April 2009 and ACAS will be producing further comprehensive guidance on handling workplace disputes at that time. The period of public consultation in respect of ACAS’s draft code continues until 25th July 2008.
Veronica Colegate · May 12, 2008