Revised ACAS Code of Practice

The change to the ACAS Code of Practice on disciplinaries reflects the EAT Judgment in Toal -v- GB Oils and came into effect from 11th March 2015. The revision confirms that employers must agree to a worker’s request to be accompanied to a disciplinary or grievance meeting by their chosen companion, whether it’s a colleague or Trade Union representative or official. The code clarifies that the statutory requirements for any such request to be “reasonable” applies to the making of the request, not the workers choice of colleague or Trade Union representative. In certain circumstances it can be helpful to have an alternative companion to accompany an employee to a meeting, in order to comply with the need to make reasonable adjustments or to be able to practically deal with a situation which would otherwise be drawn out longer than necessary. If you need any practical advice on this please contact our employment team.

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