What are the consequences if a party fails to follow the Code?
If the employee brings an employment tribunal claim arising out of the relevant disciplinary or grievance matter and is successful in that claim, in the course of that claim the employment tribunal may find that a party has unreasonably failed to comply with the Code. If so, the employment tribunal has the power to adjust awards up or down by 25%, depending on whether the unreasonable failure was on the part of the employee or the employer. The Code states that “what is reasonable or justified will depend on all the circumstances of the case” and “employment tribunals will take the size and resources of an employer into account” when determining what steps should have been taken under the Code.
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