header-logo header-logo

11 August 2011 / Michael Salter , Chris Bryden
Issue: 7478 / Categories: Features , Employment
printer mail-detail

Deciphering the code

Chris Bryden & Michael Salter examine the award of uplifts in employment tribunals

The Employment Act 2002 (EA 2002) introduced the prospect of an uplift or reduction percentage to awards in relevant claims to encourage compliance with the relevant procedure. Although the disciplinary and grievance procedures contained within that Act have since been repealed, the principle still remains albeit now contained within section 207A of the Trade Union Labour Relations (Consolidation) Act 1992. The “new” code, introduced in 2009, empowers the tribunal to adjust a relevant award by up to 25% if there has been an unreasonable failure to comply with the appropriate procedure.

Challenging terms

A recent research paper: Evaluation of the Acas Code of Practice on Disciplinary and Grievance Procedures (2011, Nilufer Rahim, Ashley Brown and Jenny Graham (NatCen)), based on in-depth interviews of 36 employers, employees and their representatives, noted that terms used within the code, such as “reasonable”, were considered challenging to implement consistently and for this reason, “doubts were expressed about the accessibility of

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll