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28 January 2010 / Vicky Regan , Dominic Regan
Issue: 7402 / Categories: Blogs
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De-coding ACAS

Dominic Regan & Vicky Regan unpick the new disciplinary code

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the areas of uncertainty will need to be clarified through case law, many of the requirements under the code mirror the repealed statutory regime.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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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