CIPD consultation response: Acas consultation: Draft Code of Practice on disciplinary and grievance procedures
Submission to Acas
Submission to Acas
Acas invited comments on a draft revised Code of Practice on Disciplinary and Grievance Matters. While the essence of ensuring that formal disciplinary and grievance matters are dealt with fairly is retained, the draft revised Code is expanded substantially to cover informal processes, the use of mediation and facilitated conversations and what Acas considers to be 'good practice' in several areas. The revised code also uses the term 'worker' throughout, rather than 'employee' used in the current 'live' Code.
The CIPD welcomes the consideration Acas has given to revising the code, and particularly the move to encourage more informal resolution of concerns at an earlier stage.
While early and more informal processes should be encouraged, the CIPD is concerned that there is too much emphasis – and detail - in the revised code itself, risking formalising the informal, and increasing risk on employers given the compensation uplift provisions which apply to the code.
We are concerned with the inclusion of elements of 'good practice' in the code and the move to use the term 'worker', rather than 'employee'. The CIPD is concerned that this continues to blur lines in the already confusing area of employment status.
