Wednesday 11:04
Acas, the independent employment relations service, is asking for views on its revised Code of Practice on disciplinary and grievance procedures in the workplace. The Code is used by Employment Tribunals in making their decisions on cases of alleged unfair dismissal.
The new draft Code takes account of the statutory procedures due to come into effect later this year. Acas has also brought the Code up to date and made it easier to use.
Acas Chair Rita Donaghy said:
"We were asked to update our Code to take account of the new legislation - and we have done that. But we have also taken the opportunity to make sure our good practice guidance is clear, practical and reflects today's workplaces.
"We have included a list of core principles of reasonable behaviour in dealing with disciplinary cases to help people understand the test of reasonableness used by tribunals in unfair dismissal cases. We hope this will make it easier for people to weigh up their own case.
"Some of the changes concern dealing with warnings. For example, we have made the difference between misconduct and poor performance clearer. In the case of poor performance we have used the concept of a plan to improve performance as a more appropriate approach.
"In revising the Code we have taken on board the concerns of small firms throughout. For example, we recognise that in some circumstances the impact on the business of certain behaviour - which could be greater for a small firm - will be a significant factor.
"We have also looked carefully at how it is written. Many of the changes in layout and language are designed to help people in small firms get the information they need more quickly and easily."
The Code is on Acas's website http://www.acas.org.uk and available from Acas publications 08702 42 90 90. The consultation will run until 14 April.
Notes for editors
1 Acas is an independent statutory body, not subject to direction from any Minister as to how it exercises its functions. It is directed by a Council consisting of the Acas Chair and employer, trade union and independent members. The Acas mission is to improve organisations and working life through better employment relations.
2 Acas Codes have a special status and provide guidance on good practice in the workplace. Employment Tribunals are required to take the guidance in the Acas Codes into account in arriving at their decisions.
3 Revision of Acas Codes follows a statutory procedure - the public consultation is the first step. The Acas Council will then consider the responses and submit the amended Code to the Secretary of State for Trade and Industry. Subject to agreement, the Code is laid before Parliament and subject to Parliament's agreement the Code then comes into effect.
4 Last year there were 94,453 applications to Employment Tribunals, of which 41,611 concerned allegations of unfair dismissal. Overall 77% of complaints went no further than the Acas conciliation stage.
5 Dispute Resolution Regulations were laid in the House of Parliament on 20 January. The framework for the Regulations, due to come into effect in October, was set out in the Employment Act 2002. A 16-week public consultation on the draft regulations was held last summer (press release P/2003/393) and the Government's response published on the DTI website at http://www.dti.gov.uk/disputeresolution For further information contact the DTI press office on 020 7215 5964.
