Disciplinary and grievance procedures: Code laid before Parliament

Acas, the UK Advisory, Conciliation and Arbitration Service, is an independent employment relations service that aims to improve organisations and working life through better employment relations. It has three Codes that have a special status and provide guidance on good practice in the workplace. Employment Tribunals are required to take the guidance in the Acas Codes into account in arriving at their decisions.

One of the Codes, on disciplinary and grievance procedures, is being updated to take account of new statutory procedures set out in the Employment Act of 2002. These are likely to come into effect in October 2004 and will apply to all employers and employees.

While the existing Code sets out minimum standards for handling disciplinary and grievance cases, simply following these minimum procedures does not necessarily ensure that a dismissal is fair under the new unfair dismissal legislation. Employment tribunals will still be required to consider whether employers behaved reasonably in all the circumstances.

The revised Acas Code therefore aims to give guidance both on the new statutory procedures and on standards of good practice, which tribunals will take into account when considering how employers have handled the case. These include issues such as:

• what is reasonable behaviour when dealing with disciplinary and grievance issues;
• producing and using disciplinary and grievance procedures in the workplace; and
• a worker's right to bring a companion to grievance and disciplinary hearings.

Following a major consultation on the proposed changes, Acas looks on course to bring the new Code into effect at the same time as the new statutory procedures, after the draft was laid before Parliament for approval last Thursday.