Comments on: A good compromise? http://www.mablaw.com/2010/02/code-of-practice-disciplinary-obama/ MAB Fri, 03 Feb 2012 10:34:15 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: Janet Kent http://www.mablaw.com/2010/02/code-of-practice-disciplinary-obama/comment-page-1/#comment-70 Janet Kent Fri, 19 Feb 2010 18:26:29 +0000 http://www.mablaw.com/?p=2045#comment-70 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. 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

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