Using the ACAS Code of Practice
In the recent case of Cummings v Siemens Communications Ltd, it was decided that a dismissal for “some other substantial reason” (SOSR) should be conducted in accordance with the ACAS Code of Practice on Disciplinary and Grievance Procedures. Whilst it had been previously thought that the ACAS Code applied only to disciplinary situations arising from misconduct and/or poor performance, the Employment Tribunal in this case ruled that the Code does apply to SOSR dismissals.
The only provisions expressly excluded from the ACAS Code are redundancy situations and non-renewal of fixed term contracts. In all other situations, employers should ensure that the disciplinary procedure is followed, to avoid any future allegations of unfair process.
Qualifying period of service for unfair dismissal claims
Lord Young confirmed whilst speaking on BBC Radio 4’s Today programme on 1st November 2010 that the government will consider increasing the period of continuous service required to bring an ordinary unfair dismissal claim from the current one year to two years. The increase, which is said to be aimed at supporting small to medium sized businesses, has been opposed by the TUC, which sees no evidence to support the suggestion that the change will lead to the creation of more jobs. The report findings are due to be published in Spring 2011. The qualifying period of service does not apply to certain types of automatically unfair dismissals.
