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HR and legal

codes of practice

Employment legislation occasionally makes provision for an official body such as a minister, an equality Commission or the Advisory, Conciliation and Arbitration Service (ACAS) to publish Codes of Practice giving practical guidance on complying with the law. Well-known examples are the ACAS Code on handling discipline and the equality Codes on avoiding discrimination, but there are other Codes covering issues as diverse as safety committees, data protection and picketing.

Status of Codes

These Codes do not have the force of law, in the sense that it is not unlawful for an employer not to follow them. However, courts and tribunals will take into account the content of the Codes, and whether an employer has complied with them, where they are relevant to the issues in the case they are dealing with.

As with legislation, Codes of Practice are usually published in draft form to allow for a period of consultation before they are finalised.

related links
acas: code of practices

commission for racial equality: code of practice

equal opportunities commission: sex discrimination

 

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.