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New ACAS Code on Disciplinary & Grievance Procedures
The revised ACAS Code of Practice on Disciplinary and Grievance Procedures have now been published and are expected to come into force on 6th April 2009 when the current statutory dismissal and grievance procedures are abolished by the Employment Act 2008.
From April next year, employees will no longer be barred from lodging a claim without first raising a grievance or appealing against dismissal and a failure by an employer to follow the Code will not result in a finding of automatic unfair dismissal as is currently the case. However, unreasonable failure by an employer to follow the new ACAS Code will enable an Employment Tribunal to increase or decrease any compensation award made by up to 25%. The procedures proposed by the new Code remain broadly similar to that under the current statutory procedures with a written stage, a meeting and an opportunity for the employee to appeal.