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The draft ACAS code of practice on discipline and grievance has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform.
The code will now be placed before Parliament for final approval before coming into force in April 2009. The revised code, which replaces the, much maligned, statutory dispute resolution procedures, draws on the Gibbons Review of employment dispute resolution and public consultation by ACAS earlier in the year.
When the new code is in force, unlike under the current statutory grievance and disciplinary procedures, employees will no longer be barred from lodging an Employment Tribunal claim without first raising a grievance; and an employer's failure to follow the code will not result in a finding of automatic unfair dismissal.
Nevertheless, tribunals will be able to adjust any award by up to 25 percent for unreasonable failure to comply with any provision of the code. As a result of consultation, the current version of the code requires both employees and employers to act consistently and deal with the issues promptly and without unreasonable delay.
Pearson Hinchliffe Commercial Law’s employment department head, Michael Pitt, commented, “The new code is an important part of the government's plans to streamline the current system, by encouraging disputes to be handled internally, thereby saving money and time. Having taken into account the consultation process, in this revised code ACAS has certainly delivered a shorter and simpler document; and that seems to be a sensible move forward.”
In most respects the procedure envisaged by the code remains similar to that operated under the statutory grievance and disciplinary procedures with a written stage, followed by a meeting and a chance to appeal.
Further information:
http://www.acas.org.uk/CHttpHandler.ashx?id=961&p=0
Source: Acas, 11/11/2008
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