Acas consultation on disciplinary and grievance procedures

Acas is consulting on a new draft Code of Practice on disciplinary and grievance procedures which would place much greater emphasis on the early resolution of workplace concerns.

The Code of Practice is particularly important because Employment Tribunals may increase or reduce compensation by up to 25% where there has been an unreasonable failure to comply with it.

Acas is now consulting on a new draft Code of Practice on disciplinary and grievance procedures which would place much greater emphasis on the early resolution of workplace concerns. While many of the Code’s basic principles remain unchanged, the updated draft reflects Acas’ view that many workplace issues should be addressed before they develop into formal disciplinary or grievance processes.

For the first time, the draft Code incorporates guidance that workplace concerns should be addressed informally where appropriate, before formal processes are commenced. Acas also proposes a greater role for mediation and facilitated conversations as tools for resolving workplace conflict.

Alongside this, the draft provides more detailed guidance on investigations and suspension, places increased emphasis on avoiding discrimination and making reasonable adjustments in grievance and disciplinary processes and highlights the importance of workplace policies and manager training in supporting effective conflict resolution. Taken together, these proposed reforms represent a shift away from a reliance on formal processes towards taking steps to find an informal resolution, before positions become entrenched and formal disputes arise.

 

Key Action Points for Human Resources and In-house Counsel

Although the consultation is ongoing, if these changes are implemented broadly in their current form, employers may need to review their approach to workplace dispute resolution. In particular, employers may wish to consider:

• implementing more structured informal resolution processes
• ensuring that informal steps and workplace discussions are appropriately recorded
• making greater use of mediation and facilitated conversations to resolve conflict at an early stage
• whether they are adequately facilitating reasonable adjustments when dealing with workplace concerns
• their use of suspension
• refreshing manager training to equip managers to identify and address issues before they escalate into formal grievances or disciplinary procedures.

We will update you further once the consultation outcome has been published.