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A good compromise?
“A good compromise, a good piece of legislation, is like a good sentence; or a good piece of music. Everybody can recognise it. They say. Huh. It works. It makes sense.”
Barack Obama (New Yorker, 2004)
President Obama has completed his first year as President and it looks like the honeymoon is over! The ACAS code of practice is nearing its first year anniversary, April 2010. Was it worth it? Should the legislation have been amended in 2004 to bring in the statutory dispute resolution procedures only to be repealed in 2009? After all, employers were aware that pre 2004 if they failed to follow a procedure then a possible outcome may be unfair dismissal. So how have employers found the ACAS code? Do you feel that the law pre 2004 worked well and should have been left alone? Has the new ACAS Code assisted in dealing with employment disputes?
Have your say as an employer. Does the ACAS code work or should the statutory procedures have remained?
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The new ACAS code causes more problems than it fixes although tribunal decisions are now based on what is “fair and reasonable” rather than nit-picking over whether procedures were followed correctly the addition of questioning witnesses at disciplinary level could cause employees to become fearful of taking part in the process in case of reprisals. It can also be difficult to work out what amounts to unreasonable failure to follow the Acas code or what relevant factors the tribunal will take into account.
It was right to amend the statutory procedures but the amendments have gone too far.I think this comment should be removed