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Codes of Practice and Statutory Guidance

Codes of practice are written in clear terms for lay people in order to provide practical guidance on specific topics. The Department for Enterprise has powers to issue codes for the purpose of improving industrial relations while the Cabinet Office has powers to issue codes in connection with the Equality Act 2017. The following codes are in operation:

  • Time Off for Trade Union Duties and Activities 1992
  • Recognition of Trade Unions 2001
  • Disciplinary and Grievance Procedures in Employment 2007
  • Equality Act 2017: Statutory Code of Practice on Employment (2019)

The legal effect of the Codes is that whilst a breach of any of the Codes does not render a person liable for proceedings, they are admissible and are to be taken into account if relevant in any proceedings before the Employment and Equality Tribunal.

In addition, section 7(5) of the Equality Act empowers a Department to issue guidance on the definition of disability for the purposes of that Act. While such guidance does not impose any legal obligations in itself, nor is it an authoritative statement of the law, Schedule 1, Paragraph 12 to the Act requires that an adjudicating body which is determining for any purpose of the Act whether a person is a disabled person, must take into account any aspect of this guidance which appears to it to be relevant.

The following guidance is in operation:

  • Equality Act 2017 – Guidance on matters to be taken into account in determining questions relating to the definition of disability

See downloadable documents for copies of the codes and guidance.

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