Therefore, the procedure an employer follows can have a significant impact on the amount awarded in compensation by an Employment Tribunal. “The employment tribunal may, if it considers it just and equitable in all the circumstances to do so, increase any award it makes to the employee by no more than 25%” Under Section 207A of the Trade Union And Labour Relations (Consolidation) Act 1992, you will find more information about how the failure to comply with the Acas Code impacts the award provided by an Employment Tribunal. How does the Acas Code impact an employment law case? The Acas Code of Practice will be applicable in most cases when someone is legally classed as an employee. This Code came into effect in March 2015 and it is issued under Section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992. Whenever disciplinary and grievance situations are being formally handled in the workplace, it is highly recommended that the Acas Code of Practice is taken into account by absolutely everyone involved.
The Code is designed to promote the improvement of industrial relations and provide the standard of reasonable behaviour in most instances. Whilst failure to follow the Code does not make an employer liable to proceedings, it will be taken into consideration by an Employment Tribunal when hearing relevant cases, such as unfair dismissal claims. The Acas Code of Practice provides practical guidance to employers and employees alike, and it sets out the basic requirements of fairness. If you have never heard of the Acas statutory Code of Practice on discipline and grievance procedures before, and you are wondering whether this could potentially impact your claim for unfair dismissal, below is some information you may find useful. Should you make a relevant claim to the Employment Tribunal, for example, and your employer has failed to follow a fair procedure in line with the Acas Code it could impact the compensatory award you are provided. Many people are unaware that both employers and employees need to comply with the Acas Code of Practice when handling any discipline or grievance issues.
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