Revised ACAS Code on Dispute Resolution Published 
Added : 8th July 2008
Call to speak to a member of the HR Consulting team on 0800 0665 894 or email
ACAS have recently published their revised code of practice on discipline and grievance procedures
www.acas.org.uk/index.aspx?articleid=2060
which is intended to re-vamp existing procedures once the current dispute resolution ‘three step’ process has been repealed, expected in April 2009.
At first glance it would appear that the revised code of practice does not differ from the current ‘three step’ statutory process but there are still some significant, albeit subtle, changes.
The code follows the same processes that are currently in place with the ‘three step’ procedure including putting allegations into writing, holding a meeting to discuss the allegations, giving the employee the opportunity to appeal against the decision and completing all of this within a reasonable timeframe.
The revised code has attempted to simplify the processes that both the employer and employee go through when dealing with a dispute, however, it fails to give employers clear guidelines on what is expected of them by using ambiguous terms such as ‘reasonable time’ and ‘promptly’. This is likely to cause confusion for employers and employees alike.
One of the major differences between the revised code and the existing ‘three step’ process is that the code is not legally binding and the failure of employers to follow the code will not automatically constitute unfair dismissal. However, an employment tribunal will take into account whether the code has been followed and could uplift any award by up to 25% if there has been what the tribunal considers to be an unreasonable failure to follow the code by either party.
Interestingly, employment tribunals will also have the power to consider various different factors including the size of the employer and the resources available to the company when deciding if the employer has acted reasonably in terms of process.
The code in brief - Disciplinary and grievance issues should be handled consistently and promptly, ensuring appropriate investigations are done and also ensuring that any meeting is held by a manager who has had no previous involvement with the case. Employees should also be given the opportunity to put their case forward, be accompanied at any meeting and be given the right to appeal.
Discipline – When an initial investigation reveals that there is a case to answer the employee should be notified in writing and a meeting held promptly, whilst still allowing them time to prepare. Once appropriate action has been decided and communicated by the employer, the employee should have the right to appeal.
Grievance – Employees should let their employer know the exact nature of their grievance and employers should arrange a meeting to allow the employee to explain their grievance. Once appropriate action has been decided and communicated by the employer, the employee should have the right to appeal.
The ACAS consultation period ends on 25 July 2008 and businesses have until then to comment on the structure and content of the revised code. We at Cooper Parry would like to take the opportunity to comment on behalf of businesses in the
If you would like to comment on the draft code from ACAS and tell us how it will impact on your business then please call to speak to a member of the HR Consulting team on 0800 0665 894 or email
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