Monday, December 23, 2019
Ethic Situation in the Workplace The ACAS 2009 Code of...
It is recommended that before Elodie makes any claim to the ET, she first seeks internal remedies such as ACAS . ACAS was first established under the ER(DR)A with the purpose of helping claimants avoid going to the ET , through promoting the settlements of disputes in a confidential, fast and cost-effective way. The ACAS 2009 Code of Practice 1 on DGP was designed to help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace However should Elodie still decide to take her dispute to the ET she would need to be identified as a employee. The ERA defines an employee as being someone who has entered into or works under a contract of employment and it is reasonable to suggestâ⬠¦show more contentâ⬠¦In order for an employee to make a claim for unfair dismissal they must have worked with the employers for a continuous period of just 1 year. Elodie satisfies this requirement as she started her employment on 1st February 2010. Prior to the introduction of the DCP, the ET would determine whether a dismissal is fair by following the Employment Act 2002 however the EA repealed these procedures. Although the code is not legally enforceable by TULR(C)(A) 1992 the tribunals are required to take the provisions into account when dealing with disciplinary issues. It provides a guideline which employers must follow in order for the dismissal to be just and fair. The code firstly states that necessary investigations must be held with the employee in order to establish the facts of the dispute, and should during the meeting an individual be suspended, full pay is necessary. When JJ had decided to take Elodie through a disciplinary case her employers must have notified her of this in writing beforehand. This written notification must include relevant information such as adequate evidence or witness statements supporting the alleged gross misconduct. 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