ACAS Code of Practice

The ACAS Code of Practice

whenever a disciplinary or grievance process is being followed it is important to deal with issues fairly. There are a number of elements to this:

• Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions. 

• Employers and employees should act consistently- this means that each case of the same nature is managed the same way

• Employers should carry out any necessary investigations, to establish the facts of the case

• Employers should inform employees of the basis of the problem and give them an opportunity to put their casein response before any decisions are made. This means that you must hold a meeting with the individual before reaching a conclusion and awarding a disciplinary outcome

• Employers should allow employees to be accompaniedat any formal disciplinary or grievance meeting – Their witness can be another member of staff or a trade union rep if they have one

• Employers should allow an employee to appealagainst any formal decision made

• Employees have right to a witness, and you must be flexible. If their witness is not available, then change the date to a mutually convenient one where everyone can be present. You only have to do this once. If that witness can’t make the second date, they need to choose one that is

Let’s take the first point – employers must act consistently. By following procedures correctly, you will ensure that you treat each employee fairly and without prejudice. It should be your company policy that allemployees have the right to be treated equally however the equality act 2010 applies to those who hold one of the 10 protected characteristics

If we treat any employee unfairly the company could be accused of discrimination