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.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Obesity is a growing problem in modern society. For the first time, the European Court of Justice is considering issues concerning obesity-based discrimination.
The TCC has considered the principles relating to contract formation in the context of an application by the claimants for summary judgment in respect of their claim for damages to be assessed.