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ARCHIVED: This archived Checklist sets out a high-level summary of the issues an employer should consider before moving to dismiss an employee for misconduct, and signposts further materials. For broader guidance on handling conduct, see Practice Notes: Managing conduct and Dismissing fairly for conduct reasons. Investigation and procedure Have all internal disciplinary procedures been followed? See Practice Notes: How to conduct a disciplinary investigation and How to conduct a disciplinary hearing If there are no internal procedures, have the requirements of the Acas Code of Practice on disciplinary and grievance procedures (Acas Code) been followed? For details, see Practice Notes: Dismissing fairly for conduct reasons and Acas disciplinary and grievance code-procedural requirements. See also Practice Note: General requirements for discipline and grievance procedures As a minimum, ensure that: interviews with relevant witnesses and the employee have been carried out to establish the facts surrounding the complaint the employee has had the opportunity to state their case, and...
In this issue: Pay Prohibited conduct (discrimination etc) Equality, diversity and inclusion Whistleblowing Coronavirus (COVID-19) Issues arising on termination Employment tribunals Corporate governance Immigration Daily and weekly news alerts New and updated content IRLR Highlights—September 2024 Dates for your diary Trackers New Q&As Pay Think tank High Pay Centre released analysis of FTSE 100 executive pay for 2023. While CEO pay growth has eased after the post-pandemic surge, the median package hit a new record, up from £4.1m in 2022 to £4.19m in 2023. See: LNB News 12/08/2024 34. Prohibited conduct (discrimination etc) ET permitted to reject dismissal complaints despite the employer’s previous omission to make reasonable adjustments. In Parnell v Royal Mail Group [2024] EAT 130, the claimant brought about 31 employment tribunal claims, divided into two periods, each decided by a different tribunal...
Original news Mr R (CAS-63400-N0T9) – 21 October 2024. Summary The Deputy Pensions Ombudsman dismissed a grievance concerning a transfer into a pension liberation arrangement. It was considered inappropriate to assess the decision through the lens of hindsight. The 2013 ‘Scorpion’ guidance post-dated the transfer by two years and therefore did not apply anyway. The Scheme undertook suitable, robust and proportionate due diligence consistent with industry practice at the time. This outcome confirms the Pensions Ombudsman does not make retrospective judgements in such circumstances. What were the facts? Mr R held deferred status as a member in the Armed Forces Pension Scheme (the ‘Scheme’)...
In this issue: Brexit headlines Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Public Procurement Subsidy control and State aid Information law Other Public Law news LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines The Foreign Affairs Committee urges a White Paper on the UK-EU reset and the publication of the Dynamic Alignment Bill. Its Third Report of Session 2024–26, From a Common Understanding to Common Ground: Building a UK EU Strategic Partnership fit for the future, assesses the government’s approach and progress on reconfiguring UK-EU relations. Aimed at shaping parliamentary scrutiny of the next phase of UK-EU engagement, it lands while discussions with the EU and internal cross-government efforts continue. The Committee concludes that, although the Lancaster House summit in May 2025 created a platform...
The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) defines baseline expectations of fair conduct for handling discipline and grievances at work, and requires both staff and management to adhere to its rules and procedures. These are minimum standards of reasonable behaviour for workplace disciplinary and grievance situations, imposing duties on employees and employers to comply with the Code’s provisions. As a statutory code, it influences a broad range of employment claims; non-compliance can be considered when assessing liability and may affect the level of compensation awarded, in relevant cases. The non-statutory Acas guide on discipline and grievances at work (Acas guide) sits alongside the Code and offers best practice guidance for managing disciplinary and grievance matters in the workplace. Where the Code’s interpretation is uncertain, tribunals may look to and follow the Acas guide. For more detail on the Acas guide, see Practice Note: Acas disciplinary and grievance code—application—Guidance to the Acas Code...
How to conduct a disciplinary (or conduct) hearing or meeting This ‘How to’ guide explains how to run a disciplinary (or conduct) hearing or meeting as part of a fair conduct management process. It summarises the legal issues to bear in mind and sets out the steps to follow. It addresses: sound recordings notes and minutes of the hearing adjournment reconvening the hearing the right of appeal record-keeping Where a disciplinary investigation results in a recommendation to convene a hearing (see Practice Note: How to conduct a disciplinary investigation), the manager tasked with running that hearing will undertake preparation (see Practice Note: How to plan and prepare for a disciplinary hearing). The guidance below explains how to conduct the hearing itself when the day arrives. The manager should keep in mind that a well-designed and well-run disciplinary procedure enables a business to maintain expected standards of conduct while also encouraging good employee relations. Managing disciplinary hearings...
Under section 80F of the Employment Rights Act 1996 (ERA 1996), an employee has a statutory entitlement to ask their employer to make defined changes to their contract terms (ie to submit a flexible working request). The core elements of this entitlement are outlined below. The statutory framework for flexible working is contained in sections 80F to 80I of the ERA 1996 and the Flexible Working Regulations 2014, SI 2014/1398. On 6 April 2024, a series of reforms took effect to broaden opportunities for flexible working. These are summarised in Changes to the statutory scheme in force from 6 April 2024, below. The statutory scheme is supported by the Acas Code of Practice on requests for flexible working (Acas flexible working Code), which took effect on 6 April 2024, together with Acas non-statutory advice. For further information, see Acas Code of Practice and guidance, below. This Practice Note covers: the statutory framework for making, and responding to, a request for flexible working the legal and...
This Agreement is executed on [ date ] Parties 1 [ Name of company ] , a company constituted in [ Scotland ] bearing registered number [ number ] with its registered office at [ address ] (the Company ); and 2 [ Name of employee ] , of [ address ] ( you )...
1 Purpose and scope of the procedure 1.1 A grievance is any worry, issue or complaint an employee brings to their employer. 1.2 Where appropriate, you should first try to resolve a grievance informally with the person you report to directly [ or [ insert alternative, eg the HR Department ] ]. If this does not settle the matter, you should submit your grievance formally as outlined below. 1.3 This procedure is not incorporated into your contract of employment. It can be changed at any time and the Company may adopt a different procedure depending on the circumstances of the particular case. 1.4 This policy and its procedure covers all our employees and workers. It does not apply to agency workers, consultants, contractors [ , volunteers ] [ , interns ] or casual workers. ...
1 Purpose and scope of the procedure 1.1 A grievance is any concern, issue or complaint an employee brings to their employer. Such matters may involve, amongst other areas, terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equal opportunities [ and bullying and harassment ]. [ If your grievance concerns discrimination, bullying, harassment [ or whistleblowing ] please refer to the [ discrimination AND/OR bullying and harassment AND/OR whistleblowing ] policies, which set out the procedure to follow in those circumstances and are available from [ specify contact ]. ] 1.2 We will endeavour to deal, as swiftly as possible, with any grievance you may have regarding your employment. This procedure is available to any employee who has a grievance about their employment and is the process you should use if you wish to raise a formal grievance. Where appropriate, you should first try to resolve the issue informally with the person to whom you directly report. If it cannot be...
Unfair dismissal—conduct and procedure Where an employee pursues an unfair dismissal claim, the onus lies with the employer to demonstrate a fair reason for ending employment. Conduct is one of the potentially fair grounds, but a fair process must also be observed. Ultimately, it needs to be established that dismissal is an appropriate and fair sanction. The Acas Code of Practice on Disciplinary and Grievance Procedures imposes duties on both employers and employees to follow its provisions, with possible sanctions for non-compliance. It describes the standard of reasonable behaviour expected in most situations. For further guidance, see the following Practice Notes: Dismissing fairly for conduct reasons Reason for dismissal—conduct Reason for dismissal—general, in particular section: Potentially fair reasons Acas disciplinary and grievance code—procedural requirements Under the Acas Code of Practice, certain actions—labelled gross misconduct—are so serious in themselves, or carry such serious consequences, that they may justify dismissal without notice even for a first offence. However, a fair disciplinary...
In ordinary circumstances, the employer determines the range of disciplinary sanctions, together with the rules on how, and in which situations, they should be used, and records these within its disciplinary policy. For initial misconduct where instant dismissal would not be fitting, a tiered approach to warnings is commonly adopted, aligned with the disciplinary framework set out in the Acas Code of Practice on disciplinary and grievance procedures (the Acas Code). The terms of the Acas Code ought to be reviewed with care when managing disciplinary matters at work. Although a departure from the Acas Code will not, by itself, create liability, a tribunal can take such non‑compliance into consideration when assessing appropriate cases. It may, therefore, influence how relevant matters are decided accordingly...