The Employment Code of Practice (Disciplinary and Grievance Procedures) Order 2000

Statutory Instruments

2000 No. 2247

TERMS AND CONDITIONS OF EMPLOYMENT

The Employment Code of Practice (Disciplinary and Grievance Procedures) Order 2000

Made

17th August 2000

Whereas—

(1) under section 199(4) of the Trade Union and Labour Relations (Consolidation) Act 1992(1) (“the 1992 Act”) the Advisory, Conciliation and Arbitration Service (“ACAS”) may from time to time revise the whole or any part of a Code of Practice issued by it;

(2) in pursuance of section 199(4) of the 1992 Act ACAS proposed to revise the whole of the Code of Practice on Disciplinary Practice and Procedures in Employment which came into effect on 5th February 1998(2);

(3) in pursuance of section 200(1) of the 1992 Act ACAS prepared and published in draft a revised Code of Practice on Disciplinary and Grievance Procedures (“the draft Code”) and considered any representation made to it about the draft Code;

(4) in pursuance of section 200(2) of the 1992 Act ACAS transmitted the draft Code to the Secretary of State;

(5) in pursuance of section 200(2)(a) of the 1992 Act, the Secretary of State laid the draft Code before both Houses of Parliament, and 40 days have elapsed, beginning with the day on which the draft Code was laid before Parliament;

(6) in pursuance of section 200(4) of the 1992 Act, neither House having resolved that no further proceedings should be taken on the draft Code, ACAS is issuing the Code of Practice on Disciplinary and Grievance Procedures in the form of the draft Code;

Now, therefore, the Secretary of State, in exercise of the power conferred on him by section 200(5) of the 1992 Act, hereby makes the following Order:—

Citation

1.  This Order may be cited as the Employment Code of Practice (Disciplinary and Grievance Procedures) Order 2000.

Appointed day for Code of Practice

2.  The day appointed by the Secretary of State under section 200(5) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the coming into effect of the Code of Practice on Disciplinary and Grievance Procedures (the draft of which was laid before both Houses of Parliament on 7th June 2000) issued by the Advisory, Conciliation and Arbitration Service pursuant to that section is 4th September 2000.

Alan Johnson,

Parliamentary Under Secretary of State for Competitiveness,

Department of Trade and Industry

17th August 2000

Explanatory Note

(This note is not part of the Order)

This Order appoints 4th September 2000 as the day upon which the Code of Practice on Disciplinary and Grievance Procedures which is being issued by the Advisory, Conciliation and Arbitration Service under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 will come into effect. The Code of Practice takes account of the right to be accompanied provided by section 10 of the Employment Relations Act 1999 (c. 26).

The Code of Practice replaces the Code of Practice on Disciplinary Practice and Procedures in Employment which came into effect on 5th February 1998.

(1)

1992 c. 52.

(2)

The Code of Practice on Disciplinary Practice and Procedures in Employment was brought into effect by the Employment Protection Code of Practice (Disciplinary Practice and Procedures) Order 1998 (S.I. 1998/44) on 5th February 1998. That revision revised the Code of Practice on Disciplinary Practice and Procedures in Employment which had been brought into effect by the Employment Protection Code of Practice (Disciplinary Practice and Procedures) Order 1977 (S.I. 1977/867) on 20th June 1977.