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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the areas of uncertainty will need to be clarified through case law, many of the requirements under the code mirror the repealed statutory regime.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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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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