Code of Practice on Disciplinary and Grievance Procedures

Overview

The Department has published Codes of Practice for employers and workers on disciplinary and related procedures since 1992. The current Code, the Code of Practice on Disciplinary and Grievance Procedures was published in 2007 and provides guidance on:

• producing and using disciplinary and grievance procedures
• what constitutes reasonable behaviour when dealing with disciplinary and grievance issues, and
• the right to bring a companion to grievance and disciplinary hearings.

The Code is however out of date as it does not take account of developments in employment law, in particular the Equality Act 2017. It is also out of step with up to date guidance on disciplinary and grievance procedures published in the UK by the employment relations advice body ACAS.

View the current, 2007 Code of Practice.

As the Code itself makes clear, a failure on the part of any person to observe any provision of the Code does not of itself render that person liable to a complaint to the Employment and Equality Tribunal. However a Code of Practice issued under the Employment Act 2006 is admissible in evidence in Tribunal proceedings. Any provision of the Code which appears to the Tribunal to be relevant to any question arising is required to be taken into account. It is therefore important that the Code is up to date.

The Department has worked with the Manx Industrial Relations Service (MIRS) to prepare a new Code of Practice on Disciplinary and Grievance Procedures which is similar to the latest ACAS Code of Practice. The new Code is also much simplified compared to the 2007 Code. The new Code will therefore be a MIRS publication rather than a Department publication, and it will be supplemented by more detailed, though less formal guidance, published by MIRS.

A draft copy of the new Code which has been prepared in liaison with MIRS can be found below.

Why your views matter

Disciplinary and grievance procedures affect all employers and employees across the Isle of Man, in both the private and public sectors. The Department for Enterprise would therefore be grateful for your views on the draft Code of Practice.

Please email your feedback to the email address above.

What happens next

The feedback will be considered and a review of the responses published.