Forbes Solicitors can help your business to resolve all disciplinary and grievance procedures in the most legal and ethical way possible. Why not give us a call today to discuss your circumstances?
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out basic practical guidance for employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace.
Whilst it is usually best to deal with minor cases on an informal basis, disciplinary procedures can be a useful preventative tool, as well as a framework to follow if it becomes necessary to take formal disciplinary action. They let employees know what standards they must uphold and the likely consequences of failing to do so. If it becomes necessary to discipline an employee, having a procedure in place will ensure that a fair and effective process is consistently followed. This is crucial, as the Employment Tribunal will consider whether a fair procedure was followed (having regard to the ACAS Code of Practice) when determining whether or not an employee’s dismissal was fair.
Employees should aim to settle the majority of grievances informally, but in some cases a formal grievance will be raised. Having a grievance procedure in place ensures that a fair and effective process is consistently followed, and minimises the prospect of a breach of the ACAS Code of Practice.
It is important to take all grievances seriously as failure to do so could lead to a claim being brought against you in the Employment Tribunal.
Whilst a failure to follow the ACAS Code does not, in itself, make an individual or an employer liable to Tribunal proceedings, Tribunals take the Code into account when considering relevant cases and the reasonableness of a party's conduct. Tribunals have the power to adjust any awards of compensation in relevant cases by up to 25% where a party has unreasonably failed to comply with any provision of the Code. Employers should ensure that their disciplinary and grievance policies and procedures are consistent with the principles set out in the Code, in order to avoid this happening.
For advice on disciplinary and grievance matters, or ensuring that your policies and procedures comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, please call us on freephone 0800 689 0831 or contact us by email.
15 May 2018
Employment & HR
Capita Customer Management Ltd v Ali UKEAT/0161/17/BA
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Kepak Convenience Foods
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Piccadilly Garden & Support Service
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