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