The Employment Appeal Tribunal found that if an employer dismisses under Section 98(2)(a) of the Employment Rights Act – Capability, they are not bound to follow the ACAS Code of Practice on disciplinary and grievance procedures. This is because a dismissal on a capability ground is not a disciplinary procedure.
Accordingly, the Employment Appeal Tribunal found that the Employment Tribunal was correct in not awarding an uplift in respect of the failure to follow the ACAS Code of Practice.
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Author: Gareth Price, Email: