Kate Brooks

Partner, Solicitor & Head of Employment/HR Services

DATE PUBLISHED: 05 Sep 2016 LAST UPDATED: 09 Feb 2024

ACAS Code Does Not Apply To Sickness Dismissals

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.

How can we help?

When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.

Make an enquiry

Related news

4 minute read

Menopause in the workplace : Discrimination

Read more
4 minute read

5 commonly asked questions by employers about secondments

Read more
4 minute read

What is a voluntary severance scheme? Your questions answered.

Read more
4 minute read

Menopause in the workplace – what needs to be in an employer’s policy

Read more