NASUWT Representatives

www.nasuwt.org.uk53employee has a statutory right to be accompanied, by atrade Union representative or another worker, and providingthe employee with an opportunity to appeal the outcome.(Note: the Employment Act 2002 (Dispute Resolution)Regulations 2004 which set out a statutory three-step processwere repealed in 2009.)A failure to follow the Code does not, in itself, make theemployer liable to legal proceedings. However, ETs will takeadherence to the Code into account. An unreasonable failure tocomply with the Code by either party may result in theadjustment of any ET award by up to 25 per cent.NB. The Code does not apply to redundancies or the nonrenewalof fixed-term contracts.Disciplinary procedures apply to matters of conduct; if ateacher’s competence is being questioned, this shouldbe dealt with under an agreed capability procedure.Refer to the section on Capability.For advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive