Diana Kloss’s latest blog considers two cases which seem to limit the scope of the ACAS Code.
In two recent cases, Holmes v QinetiQ and Phoenix House Ltd v Stockman, the Employment Appeal Tribunal held that the ACAS Code does not normally apply to ill-health dismissals or dismissal ‘for some other substantial reason’. This meant that a 25% uplift in compensation was not available. Diana warns however that employers must still follow a fair procedure, even if the ACAS Code does not technically apply. See her blog: Ill-health dismissals and the ACAS Code.