ACAS have just launched a consultation on the revised Code of Practice on Discipline and Grievance in preparation for the changes.   The proposed code provides a basic practical guidance in resolving disputes early, saving time and money.   Tribunals will take the code into account when considering relevant cases, and will adjust any awards for unreasonable failure to comply with the Code.  

Although the revised Code recommends that issues should be resolved informally and in the workplace wherever possible, and recourse to an employment tribunal should be the last resort it is important to note that employers will be expected to act fairly when taking formal disciplinary action or trying to resolve grievances. The Code highlights the following:

• Issues should be dealt with promptly. Meetings and decisions should not be unduly delayed.
• Employers should act consistently and ensure that like cases are treated alike.
• Appropriate investigations should be made, to establish the facts of the case.
• Any grievance or disciplinary meeting should, so far as possible, be conducted by a manager who was not involved in the matter giving rise to the dispute.
• Where the employer is raising a performance problem the immediate manager would be involved.
• An employee should be informed of the basis of the problem and have an opportunity to put their case in response before any decisions are made.
• An employee has the right to be accompanied at any disciplinary or grievance meeting.
• An employee should be allowed to appeal against any formal decision made.

So what is changing? The practical answer is 'not much'. There should however be a greater recognition that the size and resources of the employer need to be taken into account and that in small organisations it may sometimes not be practicable to take all of the steps set out in this Code. This has to be sensible. How this will be interpreted by Tribunals, however, remains to be seen.

For more information or to discuss any matter of concern please contact Mark Shortell on 01743 245564 or email mark@hradvantage.co.uk or your HR Advantage consultant.