The ACAS Code of Practice on Disciplinary and Grievance Procedures applies to all terminations. This includes Redundancies, the termination of fixed term contracts and compulsory retirement. There is also a specific but different procedure for summary dismissals. Failure to use the new procedures may result in a dismissal being automatically unfair, and an award by an Employment Tribunal being increased by up to 50%. Using the new procedure provides significant new safeguards for employers.

The basic structure of the ACAS Code is simple: -

• The issue must be put in writing
• There must be a meeting, at which the employee can be accompanied
• The decision must be in writing
• There must be the option to appeal to a higher level

This applies to all employers, however small. There are exceptions but they will be exceptional. The new ACAS Code has been in force since 1st October 2004. If you are not operating it yet there is now excuse.

Contact the Employment Law Department at Harris + Harris