Every business should have written disciplinary and grievance procedures.  Without putting those in place and following the correct procedures when appropriate, you may have demotivated or disgruntled employees or even be at risk of an Employment Tribunal claim against your business.

The ACAS Code of Practice should be taken into account when creating your disciplinary and grievance procedures.  Although failure to follow that code does not in itself make a business liable to proceedings, an Employment Tribunal will take it into account when considering any case before it.

The key points to be aware of are:

  • Each procedure should give the opportunity for issues to be resolved informally
  • The disciplinary rules should make clear what constitutes inappropriate behaviour and the level of seriousness with which different offences will be regarded, including what might constitute gross misconduct
  • It must be clear who will be responsible for implementing the procedures and the process to be followed and those who are responsible should have adequate training or knowledge to enable them to do so properly
  • The procedure for any further reviews and/or rights of appeal must be made clear
  • Employment Tribunals are legally required to consider whether or not the procedures and processes adopted have complied with the ACAS Code of Practice
  • A Tribunal can adjust any award made by up to 25% for an unreasonable failure to comply with the provisions of the ACAS Code

It will help your business and relations with and between employees to ensure that you have procedures which comply with the ACAS Code.  We can draft appropriate procedures for you and can assist with implementation and related documentation on a case-by-case basis.