ACAS Publishes Consultation on Draft Code of Practice on Discipline and Grievance

In anticipation of the repeal of the much maligned statutory dismissal and disciplinary procedures, the Advisory, Conciliation and Arbitration Service (ACAS) has published for consultation a revised Code of Practice (the "Code") on discipline and grievance.

It is proposed that the Code will be introduced at the same time as the statutory procedures are repealed, which is anticipated to be in April 2009. In addition, ACAS has confirmed that it will also be publishing fuller, freestanding, non-statutory guidance which will provide supporting information on handling workplace disciplinary and grievance issues.

The proposed Code which is considerably shorter than ACAS's existing code on disciplinary and grievance issues, aims to simplify the dispute resolution process and seeks to encourage businesses and individuals to resolve disputes internally. An important difference between the draft Code and the existing code is that while a failure to follow the draft Code will not make a person or organisation liable to proceedings, unreasonable failure to comply with any provision of the Code will entitle employment tribunals to adjust any awards made by up to 25 per cent.

The consultation closes on 25 July 2008.