8. The ACAS Code
Released 8th May, 2012|1,324 Views
The ACAS Code of Guidance on Disciplinary and Grievance Procedures sets out good practice guidelines for the handling of disciplinary and grievance issues in employment. The latest version of the Code can be downloaded from the ACAS website.
It is not against the law in itself for employers to fail to follow the Code, but employment tribunals must take it into account when deciding unfair dismissal cases. Also, if the Claimant wins an unfair dismissal, discrimination or many other types of Claim, the tribunal can adjust compensation by up to 25% if the Claimant or the employer failed to follow a recommendation in the Code.
If the Claimant is very confident that the Code applies and the employer has not followed a relevant part of it, they could mention this in the tribunal Claim. However, it is not essential to do so in the Claim itself and, if the Claimant is at all uncertain, it is better not to.