Labour & European Law Review
27 July 2016
Acas (the Advisory, Conciliation and Arbitration Service) last week published its annual report for 2015-2016 showing an increase in early conciliation notifications to 92,000, a rise of just over 10 per cent from the previous year.
When making an order for reinstatement, the Supreme Court held in McBride v Scottish Police Authority that tribunals can take on board practical limitations that already apply to the scope of the dismissed employee’s work. That meant, in this case, that the tribunal could make an order that recognized long-standing restrictions to the claimant’s duties.
The Acas Code of Practice on Disciplinary and Grievance applies to all dismissals except redundancy dismissals or the non-renewal of fixed term contracts on their expiry. In Holmes v QinetiQ, the Employment Appeal Tribunal (EAT) held that it does not cover dismissals as a result of ill health either.