Employment law 2013 review: ACAS code
The 2009 Acas Code of Practice on Disciplinary and Grievance Procedures (the 2009 Code) is intended to provide practical guidance to carrying out fair disciplinary procedures for misconduct or poor performance fairly. The employment tribunal must take the 2009 Code into account when considering whether the employer or employee acted reasonably and can adjust the amount of compensation awarded by up to 25 per cent either way if either the employer or employee has unreasonably failed to comply with the 2009 Code.
The good news for employers is that the Employment Appeal Tribunal (EAT) has confirmed that a minor procedural flaw does not necessarily render a dismissal unfair (Buzolli v Food Partners Ltd).
However, one recurrent question remains a grey area: does the 2009 Code apply where an employer is considering dismissing an employee for ‘some other substantial reason’ (SOSR)? Although it applies to ‘disciplinary situations’, it does not expressly exclude SOSR dismissals as it does in relation to redundancy or the non-renewal of a fixed-term contract…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
The Treasury has issued a consultation document that clearly signals its recognition of the value to the UK economy of the private funds sector (including private equity and real estate funds).
Without prejudice communications with a regulator; collateral benefit and negligence; and more.