Acas Code of Practice on Disciplinary and Grievance procedures review

It has been over two years since the Acas Code of Practice on Discipline and Grievance ("the Code") replaced the statutory dispute resolution procedures.  Acas decided it was therefore time to conduct a review into the Code`s use and impact by interviewing employers, employees and their representatives.   Their findings have been published in a research paper.

 

The Code is less about set processes and more about flexibility.  The research finds, amongst other things, that:

• The Code is generally considered by employers to have made tribunals fairer since they could no longer be penalised for not following the processes to the letter. However, employee representatives believe removing the obligation to follow set processes has weakened the position for employees.
  
  
• The number of grievances has decreased since there is no longer a need to file every potentially relevant grievance.
  
  
• Employers whose policies have been amended in line with the Code stated that there was more emphasis on early resolution rather than resorting to formal procedures straight away.
  
  
• Some employers are more worried about tribunal claims because of their uncertainty about the legal status of the Code and how the principles of ‘fair` and ‘reasonable` in the Code may be interpreted.