Code of practice Definition

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GLOSSARY

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What does Code of practice mean?

A code of practice issued by an organisation such as ACAS, the Equal Opportunities Commission or the Disability Rights Commission.

A code of practice normally set out guidelines for employers to follow in areas such as disciplinary, grievance and discrimination law. Although not legally binding, a failure to comply with a code of practice can be taken into account by an Employment Tribunal.

Pensions

The Pensions Regulator is responsible for issuing codes of practice to provide practical guidance on compliance with legal requirements. They are aimed at those involved in running and providing pension schemes and set out standards a well-run occupational pension scheme should have in place.

Codes of practice are available on the Pension Regulator’s website. A breach of a code of practice will not result in legal proceedings, but the breach will be admissible in evidence in any legal proceedings.

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DPA suitability checklist

DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...

Redundancy—individual consultation checklist for employers

Redundancy—individual consultation checklist for employers This Checklist outlines steps to be taken in individual redundancy consultation, whether or not consultation has also taken place at a collective level. It sets out practical considerations involved in planning a redundancy process and covers what should be discussed at open meetings with affected employees, what should be included in letters to affected employees, what should be discussed at individual consultation meetings, what should be included in the notice of dismissal and information to be given about the right of appeal. For further guidance on individual redundancy consultation obligations generally, see Practice Notes: Redundancy—fair procedure: individual consultation and How to carry out individual redundancy consultation. This Checklist assumes that the employer has determined whether collective consultation is required (see Checklist: Redundancy—collective consultation checklist for employers—Identify redundancy situation). This Checklist is to be used: • where there is an obligation to consult collectively as, even where that obligation is fulfilled, the employer must still consult individually with the employees • where there is no obligation...

Discover our 32 Checklists on Code of practice

Acas disciplinary and grievance code—procedural requirements

The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) sets out minimum standards of reasonable behaviour for dealing with disciplinary and grievance situations in the workplace, and places obligations on both employees and employers to comply with its provisions. It is a statutory code that has an impact on a broad range of employment claims, and failure to follow the Acas Code can be taken into account when it comes to determining liability, and may have an impact on the award of compensation, in relevant cases.The non-statutory Acas guide on discipline and grievances at work (Acas guide) complements the Acas Code and provides good practice advice for dealing with discipline and grievances in the workplace. In the event of uncertainty regarding the interpretation of the Code, the Acas guide may be followed by tribunals. For further information on the Acas guide, see Practice Note: Acas disciplinary and grievance code—application—Guidance to the Acas Code.The Acas Code applies to any:•disciplinary situation, which includes dealing with misconduct or poor performance...

General requirements for discipline and grievance procedures

Many employers have their own procedures for dealing with disciplinary issues or for employees to raise grievances. These tend to be contained in employee handbooks or staff manuals. In some organisations, they may be made available by alternative means, eg on corporate intranets.It is important to implement well-drawn, written disciplinary and grievance procedures for at least three reasons:•they provide a clear framework for both employer and employees to assist in the efficient and systematic resolution of grievances and disciplinary issues. Both employer and employee should know where they stand at any given point in the procedure, what their rights and entitlements under it are, and what should occur next to move towards resolution of the issue•they protect the employer against the pitfalls of a poor procedural approach if the parties end up litigating. Operating a proper, fair procedure is a central consideration in unfair dismissal law (see Practice Note: Procedural fairness), and an employer is likely to lose claims made against it where a fair procedure has not been followed,...

Discover our 457 Practice Notes on Code of practice

Letter of instruction to single joint expert—employment tribunal proceedings

Letter of instruction to single joint expert—employment tribunal proceedings Private & confidential [Insert name and address of expert] [Insert date] Dear [insert name of expert] [Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending OR an employment tribunal claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of opposing party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the relevant factual background, key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure...

Data sharing decision form

Data sharing decision form For use by the organisation taking the decision to share data. 1 Request details Name of organisation receiving request to share data [Insert name of organisation receiving the request for data sharing] Name of organisation requesting data [Insert name of organisation requesting data] Name and position of person requesting data [Insert name and position of person requesting data] Date request received [Insert date you received the request] 2 Description of data sharing Description of data requested [Insert description of the data you are seeking access to] Data controller relationship ☐ Joint☐ Separate Will we have a data sharing agreement in place? ☐ Yes☐ No[If no, explain why not] 3 Lawful processing Purpose of sharing [Insert description of why the data will be shared] Lawful basis of sharing [Insert relevant lawful basis for sharing, eg contractual performance, consent, legitimate interests] Why is sharing necessary? [Insert description of why the data sharing is necessary for the purposes identified above] Are special conditions met for...

Dive into our 85 Precedents related to Code of practice

If an employee is required to attend a hearing (eg disciplinary, grievance or flexible working) outside of their normal working time, would this class as working time and would they need to be paid for attendance at the meeting?

If an employee is required to attend a hearing (eg disciplinary, grievance or flexible working) outside of their normal working time, would this class as working time and would they need to be paid for attendance at the meeting? Working time Working time is defined for the purposes of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 as: • any period during which the worker is working, at their employer's disposal and carrying out their activity or duties • any period during which the worker is receiving relevant training, and • any additional period which is to be treated as working time for the purpose of WTR 1998 under a relevant agreement (ie a workforce agreement, a contractually binding part of a collective agreement or any other legally enforceable contract in writing between worker and employer) All three elements under the first bullet point above must be satisfied in order for the period to constitute working time, ie the employee must be: • working and • at...

Can an employer's refusal to postpone a disciplinary hearing to accommodate a disabled employee, who was absent from work at the time of the hearing as a result of their disability, amount to a failure to make a reasonable adjustment for the purposes of a disability discrimination claim, and if so, how is the provision, criterion or practice identified?

Can an employer's refusal to postpone a disciplinary hearing to accommodate a disabled employee, who was absent from work at the time of the hearing as a result of their disability, amount to a failure to make a reasonable adjustment for the purposes of a disability discrimination claim, and if so, how is the provision, criterion or practice identified? If the employee in question has a disability for the purposes of the Equality Act 2010, the employer will have to consider the duty to make reasonable adjustments. For further information, see: • Practice Note: Disability • Prohibited conduct (discrimination etc)—overview • Practice Note: Duty to make reasonable adjustments The duty to make reasonable adjustments comprises three requirements, the first of which arises where a provision, criterion or practice (PCP) applied by or on behalf of the person subject to the duty (eg the employer) puts a disabled person at a substantial disadvantage compared with non-disabled persons. In that situation, the employer has a duty to take such...

See the 245 Q&As about Code of practice

AI-related rights licensing agreements still ‘rare’, EU countries say

MLex: An EU copyright licensing market for training AI technologies remains underdeveloped due to the reluctance of developers to engage in licensing negotiations, according to a summary of responses by European governments and collective management organisations (CMOs) to a policy questionnaire. The survey identifies transparency problems for rights holders and workable opt-out mechanisms for the EU Copyright Directive’s text and data mining exception.

TMT weekly highlights—19 June 2025

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

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GLOSSARY