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In the light of an EAT decision, businesses should be prepared for employment tribunals to apply the Acas Code of Practice to dismissals for some other substantial reason (SOSR) where there is arguably an element of conduct or performance in the chain of events leading to the dismissal for SOSR.
In this case, the EAT decided that the Code applies to dismissals where disciplinary proceedings have been, or ought to have been, invoked. Although the dismissal was ultimately for SOSR (a breakdown in relationships with colleagues and loss of confidence in the employee) the fact that the employer had contemplated dismissing the employee for misconduct was the decisive factor when deciding whether the Code applied.
This checklist highlights the key issues a business should consider when conducting a disciplinary procedure connected with misconduct or poor performance.