From 6th April 2009 employment tribunals must take the new Code of Practice on Disciplinary and Grievance Procedures into account when considering remedies in relevant cases.

Disciplinary procedures are applied by employers, typically where there is alleged misconduct and/or poor performance by an employee. Grievance procedures are to be followed by employees with problems or complaints they wish to raise with their employers. In both cases fairness is paramount. The purpose of the Code is to provide the basic rules of fairness in procedure in either situation.

Tribunals are able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provision of the Code. If a tribunal feels that an employer has unreasonably failed to comply with the Code it has power to increase any award made by up to 25%. Conversely, if the tribunal feels an employee has unreasonably failed to comply with the Code it can reduce any award by up to 25%.

The foreword to the Code points out that "Many potential disciplinary or grievance issues can be resolved informally. A quiet word is often all that is required to resolve an issue. However, where an issue cannot be resolved informally then it may be pursued formally. This Code sets out the basic requirements of fairness that will be applicable in most cases; it is intended to provide the standard of reasonable behaviour in most instances".

The Code does not apply to dismissals due to redundancy (see Redundancy/meaning of ) or to the non-renewal of fixed term contracts on their expiry (see Fixed term contracts/rights on expiry of/general rule ).

Accompaying the Code, ACAS have also published a guidance booklet. This provides more detailed advice and guidance but unlike the Code employment tribunals are not required by law to have regard to it.

The main elements of the Code provide that:

• Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions.
  
• Employers and employees should act consistently.
  
• Employers should carry out any necessary investigations, to establish the facts of the case.
  
• Employers should inform employees of the basis of the problem and give them an opportunity to put their case in response before any decisions are made.
  
• Employers should allow employees to be accompanied at any formal disciplinary or grievance meeting.
  
• Employers should allow an employee to appeal against any formal decision made.

See also Disciplinary and Grievance Procedures - 2009 changes/a general note and/or Disciplinary and Grievance Procedures - 2009 changes/transitional provisions and/or ACAS/codes of practice