Employment: 25% Uplift for Failure to Comply with ACAS Code Reserved for Employees

Most of those in HR know that, whilst the ACAS Code on Disciplinary and Grievance Procedures is not binding in itself, a Tribunal will increase an award by up to 25% where an employer unreasonably fails to comply with it.

A case this month involving a solicitor, Ms Shah, seconded to Yorkshire and Humber Local Authority, has confirmed that the uplift for failing to comply with the Code is only available to employees, and not to staff members who are classed as workers.  Ms Shah, on secondment to the local authority, was classed as a worker so did not benefit from an increased award in her whistleblowing case.

So for whatever reason, the possibility of the 25% uplift joins the list of employment rights reserved for those with employee status.  In reaching its decision, the EAT noted that “employment law does not always follow a logical course”.

Sarah Winter
Senior Solicitor – Employment Law


Angels Spreading the Message

I am excited to be involved in an event at The Famous Grouse Experience, by Crieff on 26 September, run by the “Angel’s Share”; a service which helps to match entrepreneurs and investors and provides support to entrepreneurs through coaching and referrals to other sources of assistance.

Date: 26 September 2012. 9am registration for 9.30am start.

Format: A series of presentations throughout the morning and a programme of workshops in the afternoon, followed by a visit to the distillery.

Cost: FREE

If you are an entrepreneur looking for advice, this is an event not to be missed. Presentations by industry experts, including representatives of Braveheart Investment Group and Scottish Enterprise, are designed to stimulate ideas and lead into the skills development workshops in the afternoon. This is also an opportunity to meet others involved in this area of business.

I will be discussing considerations for target companies pre- and post- investment and conducting a workshop regarding the legal considerations of investment.

Please click here for more details of the programme and to book your place

Kirk Dailly
Business – Corporate and Commercial