Source: XpertHR case report Date: 20-12-2011 Publisher: XpertHR

Breaches of the Acas code of practice on disciplinary and grievance procedures: more employment tribunal decisions

TOPICS:
terms, conditions and employee rights policies and procedures
termination of employment dismissal

AUTHOR: Tina McKevitt


In the second of a two-part round-up (see also the first part), we summarise the main issues and outcomes in five more employment tribunal cases in which it was alleged that there were breaches of 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 breaches of the code have affected compensation for unfair dismissal.

On this page:
Introduction
Small employer's "serious failure" to follow Acas code attracts 15% uplift
Large employer's deficient investigation and disciplinary processes lead to 20% increase
Disproportionate disciplinary action attracts maximum 25% uplift
Breaches of Acas code by a “large and sophisticated employer” attract 25% uplift
Employee’s failure to appeal leads to 20% reduction

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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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