The poorly thought out and impossible to follow statutory disciplinary and grievance procedures that required employers to jump through a variety of hoops in the form of steps and stages has been repealed.  In its place is a new semi-voluntary code.  Employers may need to amend their terms of employment to take account of the new code which can be found on the ACAS website: http://www.acas.org.uk/CHttpHandler.ashx?id=1041

Simple failure to comply with the new Code does not automatically make an employer liable to proceedings, but if an employer unreasonably fails to comply with the Code the tribunal can increase any award by up to 25%. Conversely, if an employee unreasonably fails to comply with the Code awards can be reduced by up to 25%.

The main elements of the new Code provide that:

• Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions.
• Employers and employees should act consistently.
• Employers should carry out any necessary investigations, to establish the facts of the case.
• Employers should inform employees of the basis of the problem and give them an opportunity to put their case in response before any decisions are made.
• Employers should allow employees to be accompanied at any formal disciplinary or grievance meeting.
• Employers should allow an employee to appeal against any formal decision made.