Acas publish new Code of Practice on Disciplinary and Grievance

Acas published an updated Code of Practice for dealing with Disciplinary and Grievance issues on Wednesday (11 March 2015), which you can see here.

The new Code has been updated to clarify workers’ statutory rights to be accompanied by a trade union representative or fellow worker at a disciplinary or grievance hearings, following the EAT decision in Toal and another v GB Oils Ltd.

In Toal v GB Oils Ltd, the EAT held that an employee’s right to choose a companion is an absolute right, which is subject only to the requirement set out in the Employment Relations Act 1999 that the companion be a trade union representative or fellow worker.

However, the previous version of the ACAS Code, stated “To exercise the right to be accompanied a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case.”

The new Acas Code says “The statutory right is to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker. Employers must agree to a worker’s request to be accompanied by any companion from one of these categories”.

Under legislation, employees may receive compensation for a breach of the right to be accompanied, up to a maximum of two weeks’ pay, if they complain to an Employment Tribunal.

No other parts of the ACAS Code have been changed. If you have any questions please let us know!

Tags: , , , ,

2 Comments to "Acas publish new Code of Practice on Disciplinary and Grievance"

  1. […] Prior to March 2015, to exercise the right to be accompanied a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.  A 2013 Employment Appeal Tribunal case (Toal v GB Oils Ltd) ruled that employees exercising the statutory right to be accompanied at a disciplinary or grievance hearing are entitled to have present whomever they choose, provided the individual is a relevant union representative or work colleague.  Employers cannot refuse a particular companion on the grounds that their presence is ‘unreasonable’ – the ‘reasonable’ requirement does not extend to the identify of the companion.  This ruling contradict the Acas Code of Practice, and in March 2015 Acas updated their code which you can see here.  An Employee can therefore be accompanied by the employee/rep of his/her choice.  You can see more details of the change here. […]

  2. […] Prior to March 2015, to exercise the right to be accompanied a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.  A 2013 Employment Appeal Tribunal case (Toal v GB Oils Ltd) ruled that employees exercising the statutory right to be accompanied at a disciplinary or grievance hearing are entitled to have present whomever they choose, provided the individual is a relevant union representative or work colleague.  Employers cannot refuse a particular companion on the grounds that their presence is ‘unreasonable’ – the ‘reasonable’ requirement does not extend to the identify of the companion.  This ruling contradict the Acas Code of Practice, and in March 2015 Acas updated their code which you can see here.  An Employee can therefore be accompanied by the employee/rep of his/her choice.  You can see more details of the change here. […]

The Human Resources Consultancy service for SME's in the UK creative industries

Nike LunarTempo 2 Mens Running Shoes Ocean Fog Photo Blue Black White Kobe Mentality 2 Mens Basketball Shoes Fierce Purple Black University Nike SB Koston 3 Hyperfeel Unisex Skateboarding Shoes Nike Lunar Sculpt WoMens Training Shoes Dark Grey Black Volt Nike LunarTempo 2 Mens Running Shoes Black Anthracite Nike Metcon 2 WoMens Training Shoes Nike Force Lunarbeast Pro TD Mens Football Cleat Nike Alpha Pro 2 3 4 TD LE 2 0 Mens Football Cleat White Black Nike Air Zoom Pegasus 32 Mens Running Shoes Nike Air Zoom Pegasus 32 Print Mens Running Shoes Nike Flyknit Air Max WoMens Running Shoes White Black Nike Roshe One WoMens Shoes Bright Mango White