Acas uses cookies to ensure we give you the best experience and to make the site simpler. Find out more about cookies.

Website URL : http://www.acas.org.uk/index.aspx/images/acas/helplineonline/media/pdf/5/c/media/pdf/n/k/index.aspx?articleid=5225

Revised Acas Discipline & Grievance Code published today

Wednesday 11 March 2015

Workplace expert Acas has today published a revision to its Discipline and Grievance Code of Practice. The minor amendments made to it relate to the sections around accompanying work colleagues to disciplinary or grievance meetings.

A judgment made by the Employment Appeal Tribunal (EAT) clarified the rules around reasonable requests to be accompanied at a grievance or disciplinary hearing. It found that workers had the right to be accompanied at these hearings by any companion as long as they were either a trade union official, certified union representative or a fellow worker.

Acas launched a public consultation on the revisions made to the right of accompaniment sections in its disciplinary and grievance Code following the EAT's judgment. A revised draft of the Code was published by Acas in January following the consultation and it has now received parliamentary approval.

Anne Sharp, Acas Chief Executive, said:

"Our Code is designed to help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace.

"It has been updated to take account of the EAT decision in the case of Toal v GB Oils on the right of accompaniment at disciplinary and grievance hearings.

"Parliament has now approved the draft revisions made to the Code that we published earlier this year."

To see the revised Code of Practice on disciplinary and grievance procedures, please visit www.acas.org.uk/dgcode.

Notes to Editors

  1. The Department for Business, Innovation and Skills (BIS) laid the new Code of Practice on disciplinary and grievance procedures in Parliament on 16 January 2015. Acas published the draft Code on 16 January alongside the consultation responses: www.acas.org.uk/acasconsultations.
    The Code has now been approved by Parliament and comes into effect from 11 March 2015.
  2. The revisions were made to the Code to take account of the Employment Appeal Tribunal (EAT) decision in the case of Toal and another V GB Oils. The decision concerned the right to be accompanied in disciplinary and grievance hearings.
  3. The only changes to the Code are new paragraphs 14-16 and 36-38 in the sections dealing with accompaniment at disciplinary and grievance hearings. These paragraphs now say:

    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. Workers may also alter their choice of companion if they wish. As a matter of good practice, in making their choice workers should bear in mind the practicalities of the arrangements. For instance, a worker may choose to be accompanied by a companion who is suitable, willing and available on site rather than someone from a geographically remote location.

    To exercise the statutory right to be accompanied workers must make a reasonable request. What is reasonable will depend on the circumstances of each individual case. A request to be accompanied does not have to be in writing or within a certain time frame. However, a worker should provide enough time for the employer to deal with the companion's attendance at the meeting. Workers should also consider how they make their request so that it is clearly understood, for instance by letting the employer know in advance the name of the companion where possible and whether they are a fellow worker or trade union official or representative.

    If a worker's chosen companion will not be available at the time proposed for the hearing by the employer, the employer must postpone the hearing to a time proposed by the worker provided that the alternative time is both reasonable and not more than five working days after the date originally proposed.
  4. Acas stands for Advisory, Conciliation and Arbitration Service.  Acas provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law. We support good relationships between employers and employees which underpin business success. We also provide good value, high quality training and tailored advice to employers. Our expertise is based on millions of contacts with employers and employees each year.  Acas is an independent and impartial statutory body governed by a Council made up of members from business, trade unions, academia and the law. For more information, see About us.
  5. For media enquiries please contact Shumon Ali-Rahman, Senior Media and PR Manager on 0207 210 3688 / salirahman@acas.org.uk For out of hours media enquiries please call the out of hours duty press officer on 020 7210 3600.