The Code is intended to come into force in April 2009 at the same time as the abolition of the hated statutory Dispute Resolution procedures, and is currently open for consultation. Acas have taken the tack of having two documents – a Code of Practice, and a document containing wider guidance. The consultation document notes that many have called for a shorter, simpler code, and this indeed is what they've delivered. By way of reminder, failure to follow the Code of Practice will not in itself be determinative of a legal issue such as fairness, as is the current case with the statutory procedures. Instead, it will be a factor to which the tribunal can have regard, and non-compliance will also empower the tribunal to adjust any compensation by up to 25%.
This seems sensible – it means the code of practice rewards compliance and punishes non-compliance, but isn't so absolute in its effect such as to result in injustice.
23. Some acts, termed gross misconduct, are so serious that they may call for summary dismissal for a first offence.
What this, with its surrounding paragraphs, says is that dismissal on the first offence can only be for gross misconduct. Whilst that will be the case 95% of the time, I'm not sure that as a statement it's correct in law.
3 Responses to "Acas consults on draft Code of Practice on discipline and grievance"
I was sacked after a GDE at Barking Bus Garage because of another driver had sexually assaulted my daughter who is 12 i wrote an occurence report stating this and I did not want to come in contact with him so as I was finishing my shift I got on his bus thats when the emotions got the better of me and called him names, but I think the Company failed to help me as an employee. I would like some help as I got my job back but in a different location.
Need advice on what to do now.
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