header-logo header-logo

28 January 2010 / Vicky Regan , Dominic Regan
Issue: 7402 / Categories: Blogs
printer mail-detail

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areas of uncertainty will need to be clarified through case law, many of the requirements under the code mirror the repealed statutory regime.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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll