The Importance Of Complying With The Acas Code Of Practice

Many people are unaware that both employers and employees need to comply with the Acas Code of Practice when handling any discipline or grievance issues. Should you make a relevant claim to the Employment Tribunal, for example, and your employer has failed to follow a fair procedure in line with the Acas Code it could impact the compensatory award you are provided. 

If you have never heard of the Acas statutory Code of Practice on discipline and grievance procedures before, and you are wondering whether this could potentially impact your claim for unfair dismissal, below is some information you may find useful. 

What is the Acas Code of Practice?

The Acas Code of Practice provides practical guidance to employers and employees alike, and it sets out the basic requirements of fairness. Whilst failure to follow the Code does not make an employer liable to proceedings, it will be taken into consideration by an Employment Tribunal when hearing relevant cases, such as unfair dismissal claims. 

The Code is designed to promote the improvement of industrial relations and provide the standard of reasonable behaviour in most instances. Whenever disciplinary and grievance situations are being formally handled in the workplace, it is highly recommended that the Acas Code of Practice is taken into account by absolutely everyone involved. 

This Code came into effect in March 2015 and it is issued under Section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992. The Acas Code of Practice will be applicable in most cases when someone is legally classed as an employee. 

How does the Acas Code impact an employment law case?

Under Section 207A of the Trade Union And Labour Relations (Consolidation) Act 1992, you will find more information about how the failure to comply with the Acas Code impacts the award provided by an Employment Tribunal. Within this legislation it states that; 

“The employment tribunal may, if it considers it just and equitable in all the circumstances to do so, increase any award it makes to the employee by no more than 25%”

Therefore, the procedure an employer follows can have a significant impact on the amount awarded in compensation by an Employment Tribunal. However, it is crucial to note that the legislation also states; 

“The employment tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the employee by no more than 25%”

So, it is really important for all employees to be aware of the guidance set out in the Acas Code of Practice and to ensure their behaviour is also in line with this Code. If you are ever unsure what to do in a situation relating to employment law, it is undeniably beneficial to seek some tailored advice from an employment law specialist. An employment law solicitor will be able to provide you with the sound guidance you need whenever you are involved in a disciplinary matter or a grievance that has led to you being unfairly dismissed from your position. 

An example of Employment Tribunal awards being increased 

In the recent case of Slade v Biggs, two claimants made claims against their employer. Both claimants notified their employer in 2017 that they were pregnant and the Employment Tribunal found that their employer “found their becoming pregnant at roughly the same time as highly inconvenient” and “he thereafter decided to dispense with the claimants’ services and thus avoid the inconvenience of hiring temporary staff to stand in”.

The first claimant was constructively dismissed after having her grievance ignored. The second claimant was dismissed by letter for gross misconduct which was later found by the Employment Tribunal to be blatantly unfair on procedural grounds alone. Ultimately, the Employment Tribunal found that both claimants were discriminated against on the grounds of their pregnancy or maternity and subsequently, unfairly dismissed. 

Both claimants received awards for; 

• Unfair dismissal
• Compensatory for past and future loss of earnings and loss of statutory rights – which were uplifted by 25% for failure to comply with the ACAS Code
• Injury to feelings – which were uplifted by 25% too
• Aggravated damages – which were also uplifted by 25% 
• Breaches of duty under TUPE

The Employment Tribunal found that the disciplinary proceedings were conducted entirely without regard to the Code and therefore, the failures were unreasonable and a maximum uplift of 25% is appropriate. It was considered just and equitable to uplift multiple awards too as the unlawful acts are intimately linked.

The 25% uplift was challenged by the employer though and it was claimed to be too high to be proportionate or acceptable. The employer said the appropriate uplift should be in the order of 10% or not more than 15%. 

However, the Employment Appeal Tribunal found that in this case, the uplift was rightly placed at the top of the range. The value of the 25% uplift was not considered to be excessive, disproportionate or otherwise objectionable, and there was no need for it to be adjusted. During the appeal, Mr Justice Griffiths stated that “there must be cases in which the top of the range 25% is applied, otherwise the range set by Parliament is not being respected”. 

Getting some legal advice about unfair dismissal in London

If you are in a situation where you have been dismissed and you think that it may be an unfair dismissal in the eyes of the law, do not hesitate to contact our team here at Nationwide Employment Lawyers. We can provide you with the sensible and sound legal advice you need concerning the Acas Code and current employment law, and we pride ourselves on being honest from the outset to help our clients keep their legal fees to a minimum. 

In addition to providing advice about whether a dismissal was fair or unfair and how you should approach the disciplinary or grievance procedure, we can represent you from beginning to end should you wish to take a claim to the Employment Tribunal. Our talented and experienced employment law specialists will represent you to the highest standards, and we have a superb record of achieving excellent results for our clients. You can always turn to us for assistance with claims for unfair dismissal in London in confidence knowing that we will be committed to providing you with the ongoing support and assistance you require. There is no better team to reach out to when you are dealing with an employment law issue.