This article summarises the main issues and outcomes in five employment tribunal cases in which it was alleged that the employer breached the "Acas code of practice on disciplinary and grievance procedures". Although the decisions are not binding on other tribunals, they provide useful illustrations of how employers have had to pay increased compensation for breaches of the code.
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Introduction
Employer approached disciplinary process with a "closed mind"
Failure to warn of dismissal risk was significant breach of Acas code
Not dealing with grievance attracts 10% uplift in compensation
Uplift of 15% for "fundamentally flawed" disciplinary process
Employer's many breaches of Acas code lead to 15% uplift
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Introduction
In April 2009, the Acas code of practice on disciplinary and grievance procedures (on the Acas website) was introduced as one of the key measures to replace the much-maligned statutory dispute resolution procedures, which required employers to follow a very narrow set procedure when dealing with disciplinary issues or grievances. |
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