The law since that date is that that a dismissal is likely to be judged unfair if the employer has not followed the ACAS code.
The main requirements are:
- The employer must establish the facts of each case and must have made proper and sufficient investigation;
- The employee must be informed of the problem;
- There must be a meeting to discuss the problem
- The employee must be allowed to be accompanied in that meeting usually by a work colleague or trade union representative;
- The employer must then decide on appropriate action (no action, warning, or dismissal)
- The employee must be given the opportunity to appeal.
An employee who has more than 12 months employment and who has been dismissed may have a claim to a tribunal if these simple steps haven't been followed.
