How does the brave new world look?
In many ways the law has reverted to what it was before the SDRPs were introduced: for example, although the ACAS Code of Practice, which came into force in April, was updated to reflect the repeal of the statutory procedures, a form of ACAS Code has been around since 1977. The position has reverted to what it was before 2004 so that even though a tribunal may find that a dismissal is unfair for procedural reasons, it will be able to make a reduction in compensation (possibly up to 100%) where it considers that the procedural failure made no difference to the eventual outcome. The Code provides basic practical guidance for employers when dealing with disciplinary and grievance issues in the workplace, and will be taken into account by an employment tribunal when deciding if a dismissal is fair. In this way the Code acts as a bench mark’ for a fair procedure in most cases. However, it is not mandatory for employers to follow the Code, so an employee will not be able to bring a claim jus
