Who does ACAS Code apply?

Who does ACAS Code apply?

The ACAS Code is only intended to apply to a situation where an employee faces a complaint or allegation that may lead to disciplinary action. Disciplinary action is only to be invoked where there is some sort of culpable conduct on the part of the employee.

Do employers have to follow the ACAS Code?

The Acas Code of Practice on disciplinary and grievance procedures is the minimum a workplace must follow. Although the Acas Code is not the law, if a disciplinary case reaches an employment tribunal, judges will take into consideration whether the employer has followed the Acas Code in a fair way.

What legislation covers redundancy?

Section 105 of the Employment Rights Act 1996 prescribes various grounds that will make a redundancy dismissal automatically unfair and employers should seek specific legal advice to minimise the risk of employees arguing any of these grounds.

What does the ACAS uplift apply to?

In proceedings to which the ACAS Code of Practice on Disciplinary and Grievance Procedures applies, any unreasonable failure to follow it in respect of any disciplinary situation (which includes misconduct and poor performance/capability) or any written grievance brought by an employee can lead to a 25% uplift in …

Does the ACAS Code apply to capability?

Disciplinary procedures are regularly used, not just to deal with misconduct issues, but also with issues of capability. However, a recent case heard by the Employment Appeal Tribunal (EAT) has clarified that the ACAS Code will not be applicable to every type of capability dismissal.

Why is ACAS important?

The Advisory, Conciliation and Arbitration Service (Acas) aims to improve organisations and working life through better employment relations, working with employers and employees to solve problems and improve performance.

Is ACAS code of practice legally binding?

The Acas Code of Practice isn’t legally binding. However, an employment tribunal can reduce or increase any money awarded in a case by up to 25% if the code hasn’t been followed.

Does ACAS uplift apply to redundancy?

The Code specifically states that it does not apply to redundancies and the expiry and non-renewal of a fixed term contract. It further states that it applies to “disciplinary and grievance situations” and that “disciplinary situations” include “misconduct and/or poor performance”.

What are the 5 fair reasons for redundancy?

Fair reasons for redundancy

• asked for one of your rights at work – for example asking for minimum wage, holiday or maternity leave.
• took action about health and safety – for example making a complaint.
• are a whistleblower – you’ve reported your employer for doing something illegal.

When being made redundant What are you entitled to?

Redundancy pay is based on your earnings before tax (called gross pay). For each full year you’ve worked for your employer, you get: up to age 22 – half a week’s pay. age 22 to 40 – 1 week’s pay.

Does ACAS Code apply to ill health dismissal?

The ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where someone is dismissed from work purely due to ill health. This means employers can dismiss someone for sickness without following the process recommended in the ACAS Code.

Can you be made redundant through ill health?

Can you make someone redundant due to ill health? An employee cannot be made redundant due to ill health, although they can be fairly dismissed on grounds of capability, as long as the employer has acted reasonably in all the circumstances and made any reasonable adjustments within the workplace, wherever possible.

Is the ACAS Code of practice applicable to redundancy?

Unlike the old statutory dismissal procedures, the new ACAS Code of Practice doesn’t apply to redundancy situations. So from now on what will tribunals be looking for when deciding whether or not this type of dismissal is fair? Prior to April 6 2009, employers had to follow the much loathed statutory dismissal procedures when making redundancies.

How does the ACAS Code apply to dismissal?

The ACAS Code states that it applies to dismissing an employee for conduct or performance issues, but not to dismissals because of redundancy or the end of a fixed term contract. However, it does not mention dismissal for other reasons, such as ill health.

Is the ACAS Code of practice applicable to fixed term contracts?

The ACAS code of practice on discipline and grievance does not apply to non-renewal of fixed-term contracts or redundancy dismissals. Employers are responsible for carrying out thorough and fair investigations to establish the facts of any case.

Do you have to follow the ACAS Code of practice?

You’re not obliged to follow the ACAS Code of Practice when contemplating redundancies, but you must act reasonably and follow a fair procedure, i.e. proper consultation and investigate alternatives to redundancy. A redundancy policy will help to explain the process to employees.