The new draft ACAS Code of Practice on disciplinary and grievance procedures has been approved by the Secretary of State for Business Enterprise and Regulatory Reform (BERR), the department which now looks after employment legislation.
The Code will be placed before Parliament prior to coming into force in April 2009.
The Code will mean the repeal of the statutory dispute resolution procedures. Under the new Code employees will no longer be precluded from bringing employment tribunal claims without first lodging a grievance and an employer’s failure to follow the code will not result in a finding of automatic unfair dismissal.
However, employment tribunals will be empowered to adjust awards upwards or downwards by up to 25% to take account of either the employer’s or the employee’s failing to comply with the Code.
