• Facebook
  • Twitter
  • LinkedIn
Call us now: 01243 836 840   [email protected]
Pure Employment Law
  • Who We Are
    • Nicola Brown
    • Peter Stevens
    • David Jones
    • Debbie Poole
    • Linda Nye
    • Brenda Cherry
  • For Employers
    • Advice on HR and People issues
    • Investigations, Hearings and Appeals
    • Restructuring and Redundancy
    • Defending Employment Tribunal Claims
    • Dismissal of Senior Executives
    • Contracts, Handbooks and Policies
    • Employment Law Training
  • For Employees
    • Settlement Agreements
    • Workplace Issues including Disciplinary and Grievance
    • Bringing an Employment Tribunal Claim
  • Employment Law Events
  • Legal Updates
  • Testimonials
  • Vacancies
  • Contact us
  • Search
  • Menu Menu

The ACAS Code – a wider remit?

26th November 2010

The ACAS Code of Practice was designed to “help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace”. Redundancy dismissals and non-renewal of fixed-term contracts are expressly excluded from the ACAS Code of Practice. However, there is no mention of dismissals for ‘some other substantial reason’.

A dismissal will be for some other substantial reason if an employer cannot justify the dismissal on the basis of one of the other one of the other potentially fair reasons for dismissal (redundancy, retirement, conduct, performance and non-renewal of a fixed-term contract). The ‘catch all’ reason for dismissal is not defined in any statutory provisions, however, common examples of dismissals for some other substantial reason are; a refusal to accept changes to terms and conditions of employment, personality clashes, third party pressures, a breakdown in trust and confidence etc.

Until recently, it remained somewhat of a mystery about whether the ACAS Code of Practice should or should not be applied when an employer is contemplating dismissal in such circumstances, as such a dismissal does not relate to a “disciplinary or grievance situation”.

The Tribunal’s recent decision in Cummings v Siemens Communications Limited has confirmed that the ACAS Code of Practice should be applied in dismissals for some other substantial reason. Mr Cummings was one of a number of employees who were asked to sign new terms and conditions of employment requiring them to take 12 days’ unpaid leave. He refused to do so and was dismissed for some other substantial reason. Siemens did not write to Mr Cummings inviting him to a meeting, but instead they telephoned him to invite him. However, they did advise him of his right to be accompanied at the meeting, the reasons for the meeting and he also understood that he may be dismissed at the meeting. The Tribunal found that, whilst they had not complied with the Code in its entirety, Siemens had acted in the spirit of the Code and so the dismissal was fair.

The decision of the Tribunal is quite surprising as dismissals for some other substantial reason are not disciplinary or grievance situations which the Code expressly refers to. As the decision is at Employment Tribunal level only, it does not bind other Employment Tribunals and may well be subject to an appeal. It seems likely that there will be further case law on the applicability of the Code to other situations. Nevertheless, the decision highlights the Tribunal’s willingness to consider the ACAS Code of Practice when dealing with a dismissal within the workplace simply as a matter of good practice. So, even in circumstances when the ACAS Code does not expressly apply, employers would still be well advised to consider the Code.

If you are dealing with a disciplinary or grievance situation, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team 01243 836840 or [email protected]

Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.
Share this article
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg 0 0 Nicola Brown https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg Nicola Brown2010-11-26 02:15:562015-06-02 01:46:54The ACAS Code – a wider remit?

Join our mailing list

* = required field
Mailing Lists


Recent Legal Updates

  • Can long Covid be a disability? 29th June 2022
  • Employer unfairly counted disability-related absences when dismissing 29th June 2022
  • Did an Employment Tribunal correctly award an uplift for failure to follow the ACAS Code in a sham redundancy case? 29th June 2022
  • Without prejudice negotiations – what is unambiguous impropriety? 29th June 2022
  • Does referring to a man’s baldness at work amount to sexual harassment? 25th May 2022
Link to: Contact Us

Any questions? Why not get in touch!

Our advice is always given in plain English without any waffle, and we focus on providing practical solutions to our clients’ problems.

Contact us

LEGAL INFORMATION

Pure Employment Law | 1 Little London, Chichester, West Sussex, PO19 1PH
[email protected] | Tel: 01243 836840

Pure Employment Law is the trading name of Pure Employment Law Limited, registered in England and Wales with company number 07134294 and whose registered office is 1 Little London, Chichester, West Sussex, PO19 1PH. Pure Employment Law Limited is authorised and regulated by the Solicitors Regulation Authority with registration number 533794. A list of the company’s directors is available for inspection at the registered office

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Pure Employment Law and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Privacy Policy | Cookies Policy | Terms & Conditions | How to make a complaint | Sitemap

© Pure Employment Law 2022

Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies as defined in our cookie policy.

Accept Cookie Policy

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only