Official Codes of Practice relevant in employment tribunal cases are issued by the Department for Business, Innovation and Skills (BIS) (from 2007 to 2009, the Department for Business, Enterprise and Regulatory Reform or DBERR and before that the Department for Trade and |ndsutry or DTI), ACAS and by other official and government agencies such as the Equality and Human Rights Commission (formerly the Equal Opportunities Commission, the Commission of Racial Equality and the Disability Rights Commission) - see Institutions of employment law , noting that UK Governments have a tendency to rename and reconstitute agencies and departments at rather frequent intervals.
Failure by an employer to act in accordance with a Code of Practice does not of itself render him liable to any proceedings. However such failure is admissible in evidence and is an important, but not conclusive, consideration which a Tribunal must take into account in deciding any question, such as whether a particular dismissal is "fair" or "unfair" (see ERA 1996 s.98(4), TULRCA 1992, s.207(1), SDA 1975 s.56A, RRA 1976, s.47 and Unfair dismissal/fair or unfair? ). In one specific case (the ACAS Code of Practice on Disciplinary and Grievance Procedures (CoP 1), 2009 version - see immediately below) failure to act in accordance with a Code can result in a penalty.
A new ACAS Code of Practice on Disciplinary and Grievance Procedures (CoP 1), with accompanying guidance booklet, came into effect on 6th April 2009. Failure by an employer or employee to observe this Code of Practice will normally result in an adjustment (generally likely to be an uplift) of up to 25% in a related compensation award made by an employment tribunal in favour of an employee (see notes at Disciplinary and Grievance Procedures - 2009 changes/ACAS Code of Practice ) This 2009 Code replaced the 2004 version of the ACAS Code of Practice on Disciplinary and Grievance Procedures (CoP 1) (see ACAS/codes of practice ).
In April 2011 two new "Equality Act 2010 Codes of Practice" came into force, issued by the Equality and Human Rights Commission (see notes at Equality Act 2010/Codes of Practice ).
See also notes at ACAS/codes of practice