De-coding ACAS

Dominic Regan & Vicky Regan unpick the new disciplinary code
Those vile statutory disciplinary procedures are now dead and gone. However, employers can still get it badly wrong under the new regime. The aim of this note is to take stock of the new position and to identify emerging difficulties.

The ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice on Disciplinary and Grievance Procedures is now the source of prevailing wisdom. While its intention is to promote a more flexible formula to deal with problems in the workplace, uncertainty may arise when considering what actions are “reasonable” or “fair” when conducting disciplinary processes. While the areas of uncertainty will need to be clarified through case law, many of the requirements under the code mirror the repealed statutory regime.

With its emphasis on informal resolution the code, consisting of 45 paragraphs in total, provides a less prescriptive set of procedures that “should” be followed in any disciplinary process. The code is not legally binding, and