ACAS code – Disciplinary & grievance procedures

What do we already know? In our March 2015 Newsletter ACAS news (2): Code of practice – disciplinary & grievance procedures we updated you that the ACAS Code of practice – disciplinary and grievance procedures came into effect on 11 March 2015. It is available here. Employers who unreasonably fail to follow this ACAS Code, where…
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Case update (3): Unfair dismissal – fair dismissal despite procedural failings

Summary: Do procedural failings and inclusion in an internal appeal panel of an individual who is junior to the decision-maker necessarily result in an unfair dismissal? No, says the EAT in Adeshina v St George’s University Hospitals NHS Foundation Trust and others available here. Facts: The employee was dismissed for gross misconduct. She appealed but…
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ACAS news (2): Code of practice – disciplinary & grievance procedures

What do we already know? In our February Newsflash ACAS Code – disciplinary & grievance procedures we updated you that ACAS had published a draft revised Code of Practice on Disciplinary and Grievance Procedures which provides new guidance relating to a worker’s right to be accompanied. What’s new? The above ACAS Code has been approved…
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Newsflash: ACAS code – disciplinary & grievance procedures

What do we already know? We updated you in our December 2013 Newsflash ACAS code consultation: Disciplinary & grievance procedures that ACAS was consulting on amendments to its Code of Practice on Disciplinary and Grievance Procedures to reflect the EAT decision that employees had an absolute right to choose their companion for a hearing. What…
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ACAS code consultation: Disciplinary & grievance procedures

What do we already know? We updated you in our November 2013 Newsletter, ACAS Code: Disciplinary and grievance procedures, that ACAS had said it would amend its Code of Practice on Disciplinary and Grievance Procedures to reflect the EAT’s decision in Toal and another v GB Oils Ltd.  The EAT ruled in that case that…
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Case update (2): Right to be accompanied – whose choice?

Summary: Do employees who exercise the statutory right to be accompanied at a disciplinary or grievance hearing have an absolute right to choose their companion, regardless of whether it is a reasonable choice? Yes, says the EAT in Toal and another v GB Oils Ltd.  An employee is entitled to have present whomever they choose,…
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