The ACAS Code of Practice on diosciplinary and grievance procedures has always been applicable in disciplinary situations including misconduct cases, poor performance and capability.  It does not apply to redundancy dismissals but the position on some other substantial reason (SOSR) dismissals has been less clear. 

The positon has been somewhat clarified by Lund v St Edmunds School recently decided in the EAT, which has confirmed that it does apply to SOSR dismissals that arise out of a conduct related issue.  In this case, there was a dismissal for SOSR following a breakdown in mutual trust and confidence following the employee’s behaviour to colleagues.  It can therefore be taken that the uplift will equally apply and whilst the case did not expressly deal with the point, it would follow common sense that a SOSR dismissal connected with redundancy i.e. a reorganisation would not be covered by the code.