ACAS Code does not apply to dismissals for breakdown in working relationship

Gillian Cumming
Gillian Cumming
Senior Solicitor
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The Employment Appeal Tribunal has confirmed that the ACAS Code of Practice (the Code) on Disciplinary and Grievance Procedures does not apply to dismissals for some other substantial reason (SOSR), where the dismissal is due to an irretrievable breakdown of the working relationship.

What this means is that where compensation is awarded to a former employee there will be no power to increase the award by up to 25% for any failure(s) to follow the Code.

It is important to understand, however, that a fair procedure still needs to be followed when carrying out a dismissal of this type. That procedure might not need to be exactly the one set out in the Code, but the employee will still require to have a fair hearing before a decision to dismiss is made. If an employer does not follow a fair procedure, the dismissal will be found to be unfair with compensation being awarded on a just and equitable basis to the former employee.

You can read the case here:

http://www.bailii.org/uk/cases/UKEAT/2016/0264_15_1705.html

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