Kate Brooks
Partner, Solicitor & Head of Employment/HR Services
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Date Published:05 Sep 2016 Last Updated:01 Aug 2021

ACAS Code Does Not Apply To Sickness Dismissals

Employment Law Advice

The ACAS Code of Practice on Discipline and Grievance must be followed during grievance, disciplinary and performance procedures.

A recent case, Holmes v Qinetiq Limited UKEAT/0206/15/BA, confirmed that the ACAS Code does not apply to ill health dismissals. Please be aware though that this will not be the case if there is any allegation of culpable conduct associated with the ill health i.e. if the employer suspects the ill health not to be genuine.

The penalty for employers if they do not follow the ACAS Code is an uplift of up to 25% of compensation awarded in a tribunal claim.

My advice is that the ACAS Code is a great starting point for employers in any process. Also do not forget to consult your internal procedures when embarking on a disciplinary, performance, sickness or grievance procedure.

I am happy to answer any employment related queries, please feel free to get in touch on 01202 057754 or kate.brooks@ellisjones.co.uk.