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Mr … However, whether it applies to dismissals for ‘some other substantial reason,’ has never been expressly stated. It provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace. Firstly, you should have a distinct and clear dismissal procedure outlined in your handbook. It may be fair for you to dismiss someone on long-term sick leave, depending on the circumstances. Unfortunately we cannot respond to individual requests for information. The Acas Code of Practice on disciplinary and grievance procedures, Discipline and grievances at work: the Acas guide. In practice, employers must follow the Code as otherwise: 1. they will have difficulty convincing an employment tribunal that they acted fairly, and 2. failure to follow the Code may result in an order to pay compensation being increased or decreased by up to 25% depending on whether or not the … It provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace. Gross misconduct is when an employee has done something that's very serious or has very serious effects. The Acas Code of Practice sets out standard procedures for dealing with disciplinary issues in the workplace up to and including dismissal. The ACAS Code of Practice is issued under the section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 and was presented before the two Houses of Parliament on 16th January 2015. If you have a question about your individual circumstances, call our helpline on 0300 123 1190. They are used by employment tribunals when deciding on relevant cases. If you like, you can tell us more about what was useful on this page. The Acas Code of Practice on disciplinary and grievance procedures is the minimum an employer should follow for handling these issues in the workplace. The ACAS Code of Practice on Disciplinary and Grievance Procedure applies to dismissals based on the employee’s misconduct or poor performance. Code of Practice on settlement agreements. The procedure you follow will be taken into account if a case reaches an employment tribunal. However, you may add steps if necessary. Acas Code of Practice 4 . The Acas Code of Practice (Acas Code) was introduced in 2009. Find out more about The ACAS Code of Practice on Disciplinary and Grievance Procedures provides basic guidance to employers, employees and their representatives and sets out the main principles for handling disciplinary and grievance situations in the workplace. When deciding whether an employee has been unfairly dismissed for misconduct or poor performance, an employment tribunal will consider whether the business has followed a fair procedure, and must take the Acas Code into account when considering whether an employer has acted reasonably or not.. The Acas Code mainly applies to anyone legally classed as an employee. A claim must be made within 3 months less one day of the dismissal. Select the statement you most agree with: Supporting mental health in the workplace, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. For example, you may be able to dismiss someone fairly if: You must investigate fully and have a valid reason for dismissal. Dismissal for conduct or capability reasons You should handle issues of unacceptable or inappropriate behaviour ('misconduct') or performance ('capability') in line with the Acas Code of Practice on disciplinary and grievance procedures. This can include some dismissal situations. This Code of Practice contains general guidelines on the application of grievance and disciplinary procedures and the promotion of best practice in giving effect to such procedures. 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