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Posted By gham
Which holds more weight?
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Posted By James Lawrence
I hope your not winding us up as you regulary post on this forum.
ACOP's has more weight.....help employers to comply with legal requiremnets and cannot be prosecuted, however it has legal staus and any breach is admissable in evidence, then it has to be proved to the court that they have satisfactorily fufil the requirement.
Guidance......Not mandatory and do not have the evidential significant of a ACOP. It's good recommndation and best practice, along with enfocing authorities expectation and industries requirement.
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Posted By Bob Thompson CMIOSH
Acop not directly legally enforceable,however should the employer be prosecuted the onus is on them to prove that what they did do was equal too or better than the requirements of the ACOP.
Guidance is merley guidance
Bob
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Posted By gham
James
That is what i thought but there was a suggestion to the contrary in another thread, and began to doubt myself. Just keeping myself in check giving some of the altercations taking place recently
Cheers guys
G'
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Posted By ddraigice
The ACOP carries the more weight but the guidance can be used in court. In some cases, there is no ACOP, only guidance and courts take these into account.
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Posted By James Lawrence
Hi Gham,
Apologies for my initial response and believed I myself have doubts similar to your explaination, when other's can rack our brains!
This is what this forum is about and I'm glad we can help each other.
Cheers James
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