Labour Research June 2016

Law Queries

Acas codes of practice

Q. Do employers have to comply with Acas codes of practice?

A. Failure to comply with an Acas code of practice will not in itself expose an employer to a potential claim. However, in the event of Employment Tribunal or Central Arbitration Committee proceedings, the Acas codes of practice are admissible as evidence.

So, where an employer has failed to comply with a code of practice, this will be taken into account in the course of the proceedings. In addition, where an employer unreasonably fails to comply with the disciplinary and grievance procedures code of practice, an employment tribunal can increase an award by up to 25%. If an employee has unreasonably refused to comply with the code, the award can be reduced by up to 25%.