ACAS disciplinary and grievance code

Produced by Tolley in association with

Employment Tax

Guidance

The ACAS Code of Practice on Disciplinary and Grievance Procedures (current version effective as at 11 March 2015) is in place in order to help employers, employees and their representatives effectively deal with disciplinary and grievance procedures. Employment tribunals will employ the Code in order to assess whether a dismissal for performance and / or misconduct was fair or unfair. Compliance or non-compliance of either party with the provisions of the Code may also lead in an adjustment in eventual compensation awarded by a tribunal of up to 25%.

The Code of Practice applies to any:

•
disciplinary action taken by an employer
•
grievance brought by an employee

In any proceedings before a tribunal, court or the Central Arbitration Committee:

•
the Code is admissible in evidence where the dispute reaches the courts
•
any provision of the Code which is relevant to a question in the proceedings will be taken into account in determining that question

ACAS has also produced a guide to the

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Andy Williams

Legal Director at Charles Russell Speechlys , Employment Tax

Andy advises on all aspects of employment law, with particular expertise in advising companies on large scale workforce issues such as changing the terms of their pension arrangements for staff, reorganisations, changes to terms and conditions and TUPE transfers/outsourcing arrangements. He also has substantial experience of Tribunal work and negotiating severance packages with (and for) senior executives, as well as dealing with other contentious issues such as breach of confidentiality, team moves and post-termination restrictions. In addition, Andy regularly advises on the employment and pensions aspects of corporate transactions, such as sales and purchases of businesses, group restructuring exercises and funding investment projects. He also presents seminars and delivers tailored training sessions to clients, as well as writing for a variety of publications.

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