On 6 April 2009, the new ACAS Code of Practice on Disciplinary and Grievance Procedures come into force. The current legislation on dismissal and grievance procedures introduced in 2004 wil be swept aside and replaced by a far simpler, but not legally binding code.

The new Code will provide guidance for employers and employees to handle disciplinary and grievance situations that arise in the workplace.

"Employers and employees should always endeavour to resolve disciplinary and grievance matters informally in the workplace. The Code provides a standard of reasonable behaviour to help them to do this," says Lauren Harkin, Solicitor in the Employment Law team at Lemon&Co Solicitor.

The most important parts of the Code that should be considered in a disciplinary or grievance situation are:

• When assessing a case, an Employment Tribunal will consider whether the guidance set out in the Code has been followed
  The new Code is not legally binding and a failure to follow it does not in itself make an employee or employer liable

• However, be aware that when assessing a case, an Employment Tribunal will consider whether the guidance set out in the Code has been followed

• Employment Tribunals may in certain cases increase an award of compensation by up to 25% if they find that an employer failed unreasonably to follow the guidance set out in the Code, or decrease compensation by up to 25% for an employee's unreasonable failure

• Employees will no longer need a written grievance before making a non-dismissal claim, although the Code does suggest that it will help their claim to do so

• There will be a three month time limit for all Employment Tribunal claims to be made, including constructive unfair dismissal and non-dismissal claims, including claims for unpaid wages, notice pay, redundancy pay and all discrimination claims

• The Code only applies to employees and not to casual workers

• The Code does not apply to redundancy dismissals or to the non-renewal of fixed term contracts. However, employers are still required to offer the employee an appeal against the decision

Lauren Harkin concludes: "Employers should always take specific legal advice for each individual situation. It is also advisable to keep a written record of every disciplinary and grievance matters dealt with. Employers should also have dedicated policies about disciplinary, equal opportunities, bullying and harassment."

For further information and advice please view www.lemon-co.co.uk [1]