Code of practice Definition

GLOSSARY

Published by a UU��ֱ�� Employment expert

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.

View the related checklists about Code of practice

Cash searches—checklist

Cash searches—checklist Code of Practice The search powers covered in this Checklist are subject to the Recovery of cash: search powers, code of practice under section 292. Cash search powers A police, immigration, customs, Serious Fraud Office (SFO) officer or an accredited financial investigator (the relevant officer) may only exercise the power to search where the following criteria are met: Premises • the relevant officer must already have lawful authority to be present on the premises either under another statutory power or by invitation • the relevant officer must have reasonable grounds to suspect that cash is on the premises that is either recoverable property or is intended for use in unlawful conduct, see Practice Note: Cash searches under the Proceeds of Crime Act 2002 • the relevant officer must have reasonable grounds to suspect that the amount of cash is greater than the statutory minimum amount of £1,000 Vehicles • it must appear to the relevant officer that the vehicle is under the control of a person (ie the...

Handling a grievance—flowchart

Handling a grievance—flowchart Click

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 915 Practice Notes on Code of practice

Licence to carry out environmental investigations

Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...

Policy and procedure—whistleblowing

Policy and procedure—whistleblowing 1 Purpose and scope 1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. 1.2 The Company takes malpractice very seriously. We are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards too. We encourage open communication from all those who work for us and we want everyone to feel secure about raising concerns.[ The Company will provide regular training to all staff in relation to whistleblowing law and this policy.] 1.3 All staff have protection under whistleblowing laws if they raise concerns in the correct way. This policy is designed to give staff that opportunity and protection. 1.4 It does not matter if an individual who raises a concern is mistaken about it—staff do not have to prove anything about the allegation they are making but they must reasonably believe that the disclosure is made in the public interest and that the information they have tends to show some malpractice. 1.5 This...

Dive into our 119 Precedents related to Code of practice

Under the Creative Worker route, can the individual (outside of the UK) be self-employed and simply paid a fee rather than a salary or do they need to be employed by a sponsor?

Under the Creative Worker route, can the individual (outside of the UK) be self-employed and simply paid a fee rather than a salary or do they need to be employed by a sponsor? The Practice Note: Sponsoring a Creative Worker confirms that ‘[t]o sponsor creative artists through the Creative Worker route, the sponsor must be operating or intending to operate in the creative sector. Examples of organisations that could sponsor a creative artist include a national body, event organiser, producer, venue, agent or other similar organisation. There does not need to be a direct employment relationship with the sponsor, but the sponsor must be willing to take on all of the relevant sponsor duties and responsibilities’. Where this applies, the sponsor may be subject to closer scrutiny and monitoring to ensure that the relevant sponsor duties can be met. See: Worker and Temporary Workers Sponsor Guidance, Sponsor a Creative Worker, Specific criteria for a Creative sponsor licence. The Immigration Rules provide that the Certificate of Sponsorship must...

Can automatic number plate recognition be used for enforcement in a local authority owned car park?

Can automatic number plate recognition be used for enforcement in a local authority owned car park? In principle, Automatic Number Plate Recognition (ANPR) can be used for enforcement in a local authority car park but there are caveats as to use that may provide a basis for challenge. Accordingly, the answer is not straightforward and is dependent on various factors. On the assumption the question concerns regulated public on or off-street car parks, there are two distinct areas of legislation that apply: • the criminal law regime whereby enforcement is governed by the Road Traffic Regulation Act 1984 (RTRA 1984), and • the civil law regime for a civil or special enforcement area (C/SEA) whereby enforcement is governed by the Traffic Management Act 2004 (TMA 2004) and contravention is subject to the law of contract As a pre-requisite under either regime, the car park should be created under proper powers in accordance with RTRA 1984. Prior to deployment, the local authority must satisfy itself that the device is approved and...

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TMT weekly highlights—31 October 2024

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.

PSA releases guidance on transfer of responsibility to Ofcom

The Phone-paid Services Authority (PSA) has set out how it plans to support the transfer of its operational responsibilities to Ofcom before it ceases to operate on 1 February 2025. Starting from 29 November 2024, the PSA will close its customer phone lines and direct customer inquiries to Ofcom through an online platform. It will only operate a basic web form, discontinue the Due Diligence, Risk Assessment, and Control (DDRAC) reports, and stop providing guidance on the 15th Code of Practice (the Code). Beginning 10 January 2025, the PSA will no longer respond to email requests, will not handle Freedom of Information requests, and will not accept whistleblower or general complaints. Providers must continue to comply with the Code until 1 February 2025.

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GLOSSARY