Changes to ACAS statutory code on Disciplinary and Grievance Procedures
On 16 January 2015 Vince Cable Secretary of State for Business announced
official press release here"I am pleased to be laying a new Acas Code of Practice on Discipline and Grievance which includes a minor amendment to reflect the Employment Appeals Tribunal (EAT) decision on the right of accompaniment in the case of Toal v GB Oils."
Changes have been made to take into account of the Employment Appeal Tribunal ( EAT) decision in Toal v GB Oils Ltd that employers are not entitled to reject a worker’s choice of companion (even if they have concerns about the choice of representative), provided that companion is a fellow worker, a trade union representative or an official employed by a trade union (i.e. is in one of the categories in section 10 of the Employment Relations Act 1999) and the request itself is made in a reasonable manner.
This means that all businesses and organisations need to review their own disciplinary and grievance procedures to ensure that the provisions dealing with the right to be accompanied at disciplinary and grievance hearings reflect the wording of the revised Code and also that managers handling these matters are aware of this small but important change in practice.
The penalty for denying an employee his /her rights can be up to 2 weeks’ pay.
Now is a good time to review the effectiveness and legality of your in house disciplinary and grievance procedures. Concrew Training's one day course on managing disciplinary and grievance issues provides an effective route to achieve this
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