Does the Code just apply to unfair dismissal cases?
No, the Code could be relevant to many other types of employment tribunal claims, including discrimination. Does the Code apply to all types of dismissal? No, the Code is stated to apply to dismissals relating to misconduct or poor performance only. This means dismissals due to retirement, redundancy, ill-health, non-renewal of a fixed-term contract and any other reason are not covered. However, this does not mean employers should not also strive to follow a fair procedure in such cases. Can an employee bring a claim in the employment tribunal if we fail to follow the Code? Not without more. A failure to follow a provision of the Code does not in itself mean an organisation will be liable to proceedings. However, an employment tribunal will take any failure into account when deciding whether a dismissal is fair or unfair. The Code therefore acts as a benchmark’ for a fair procedure in such cases. Also, in dismissal and other cases, where a tribunal considers there has been an unreasona
