Labour Research March 2004

Law Matters

Disciplinary and grievance code published for consultation

The advisory and conciliation service ACAS has published a new draft code of practice on disciplinary and grievance hearings, on which it is seeking comments.

The existing code is being updated to take account of the new law on dispute resolution, in force from 1 October 2004 (see Back-up, page 25).

The new draft contains much of the earlier code, although there are changes in relation to informal and formal warnings and gross misconduct, as well as a new section on the right to be accompanied to disciplinary and grievance hearings.

The new version no longer specifies that first warnings are either oral or written, with the latter being more serious. Instead it differentiates between informal and formal action, but leaves it to the employer to decide whether, if a warning is to be given, it should be oral or in writing.

There is also a more detailed definition of gross misconduct, with advice to employers on how they should deal with this issue. The draft emphasises that workers "should never be dismissed without first being given the opportunity to put their case at a disciplinary hearing". Even in cases of summary dismissal the worker must still have the right to appeal at a hearing.

Copies of the consultation document are available on the ACAS website at: www.acas.org.uk/publications. The consultation ends on 14 April 2004.