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ARTICLE · 23 JANUARY 2009

New ACAS (Draft) Code On Disciplinary And Grievance Procedures – Changes From The Old Procedure

The new ACAS code on Disciplinary and Grievance Procedures (the “Code”) will come into effect on 6 April 2009 when the current statutory disciplinary and grievance procedures are abolished.

United KingdomEmployment and HR
Sikin Andela
Sikin Andela

The new ACAS code on Disciplinary and Grievance Procedures (the "Code") will come into effect on 6 April 2009 when the current statutory disciplinary and grievance procedures are abolished. The first draft of the Code was published in May 2008 and the second (and latest) draft was published in November 2008. The Code is currently awaiting Parliamentary approval, but should be adopted in its current form.

The Code provides a significant overhaul to the current, much maligned, statutory procedures that were introduced by the Employment Act 2002. What follows is a summary of the key changes to the Code that will come into effect in April this year.

Significant Changes

Tribunals will be able to make an adjustment of up to 25 per cent of the award made if an employer/employee unreasonably fails to follow the guidance in the Code, but (unlike the current situation) failure to follow the Code does not automatically make an employer liable to proceedings. Currently,

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