The dismissal was unfair because of the failure to obtain an up-to-date occupational health report. The claimant contended that the ACAS Code applied and that due to a failure to follow the code, he was entitled to an uplift on the damages awarded.
The EAT agreed with the employment tribunal that the ACAS Code did not apply.
The ACAS Code applies to cases where an employee's acts or omissions involve culpable conduct i.e. misconduct and poor performance. See http://www.bailii.org/uk/cases/UKEAT/2016/0206_15_2604.html
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