Get ready for the new code
December 1, 2008
A few weeks ago Business Secretary Lord Mandelson approved the revised ACAS code of practice, which is to be brought in on 6th April 2009, to replace the current code and statutory dispute resolution procedures, which is being repealed next year.
The new code is aimed at being a more straightforward way of dealing with workplace disputes, and will hopefully reduce the amount of disputes reaching the Employment Tribunal, which was also the aim of the statutory procedures. Unfortunately the procedures, introduced in October 2004, have only made things worse by over-complicating the system and meaning that if the procedures aren’t followed to the letter, seemingly fair dismissals can actually be found to be unfair for procedural reasons.
The new code of practice won’t be statutory, but tribunals will use it to assess the process followed in handling a workplace dispute, and if an employer has unreasonably failed to comply with the code, the tribunal will be able to uplift any awards made by up to 25%.
Whilst this is a good move and I’m looking forward to being released from the stressful shackles of the statutory procedures, it’s going to be a big job to ensure everyone involved in workplace disputes is made aware of and trained on the new code of practice. The change in process and legal system will mean that the last four years of case law will be practically worthless and we’ll have to wait and see what new tribunal cases bring to shape and further develop the new code of practice. This is something all employers will need really good legal advice on, and I would strongly urge HR professionals to seek legal support and training in time for the changes in April next year.
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