Disciplinary and Grievance Procedures : Code of Practice 1

"The ACAS Statutory Code of Practice" provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace.

The Code does not apply to dismissals due to redundancy or the non-renewal of fixed term contracts on their expiry.

A failure to follow the Code does not, in itself, make a person or organisation liable to proceedings.

However, employment tribunals will take the Code into account when considering relevant cases.

Tribunals will also be able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provision of the Code.

This Code is a standard of reasonable behaviour and sets out the basic requirements of fairness that will be applicable in most disciplinary or grievance cases.

Keys to handling disciplinary issues in the workplace: establishing the facts of the case; informing the employee of the problem; deciding on appropriate action; opportunities to appeal; and, special cases. Keys to handling grievances in the workplace: let the employer know the nature of the grievance; deciding on appropriate action; taking the grievance further; and, overlapping grievance and disciplinary cases.

The Code is issued under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 and was laid before both Houses of Parliament on 9 December 2008.

It comes into effect by order of the Secretary of State on 6 April 2009 and replaces the Code issued in 2004.