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New CoP on disciplinary and grievance procedures

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ACAS has published its new draft Code of Practice on Disciplinary and Grievance Procedures. This will replace the existing Code of Practice and it incorporates the minimum statutory and disciplinary procedures set out in the Employment Act 2002.

The new draft Code, which you can access here, takes account of the statutory procedures due to come into effect later this year and also clarifies some other aspects of the Code.

Acas Chair Rita Donaghy said: “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.”

She continued: “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.”

Acas is asking for views on its revised Code; the consultation will run until 14 April.

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