Acas has published a revised version of the Discipline and Grievance Code of Practice, which is now in force. The minor amendments made to the Code relate to the sections around accompanying work colleagues to disciplinary or grievance meetings to take account of the EAT decision in the case of Toal and another v GB Oils. The EAT held that where a worker ‘reasonably’ requests to be accompanied at a hearing under S.10 of the Employment Relations Act 1999, the word ‘reasonably’ refers to the making of the request and not that the choice of companion has to be reasonable. The only changes to the Code are new paragraphs 14-16 and 36-38 in the sections dealing with accompaniment at disciplinary and grievance hearings, which employers and workers are advised to read in full.

Download our App for more legal updates from theHRDIRECTOR

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.