Recent Case Law On The Scope Of The ACAS Code

The scope of the ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) has been narrowed following two recent claims concerning ill health and some other substantial reason (SOSR) dismissals. If the Code applies, a Tribunal can impose a financial penalty on anyone who unreasonably fails to comply with it. Specifically, a Tribunal can impose an uplift or reduction of up to 25 per cent in any award it gives. It is accepted that the Code covers disciplinary situations, which includes conduct and poor performance. The question in the two recent cases was whether the Code specifically applied to ill health and SOSR dismissals.

Holmes v Qinetiq Ltd (UKEAT/0206/15)