Legal change to disciplinary and grievance procedures
17th December 2008
The Employment Act 2008 received Royal Assent on 13 November. The Act will repeal the Statutory Dismissal and Disciplinary procedures, among other things. The provisions of the Act relating to the repeal of the statutory procedures are expected to come into force in April 2009.
What happens from April 2009?
From 6 April 2009, the mandatory “three-step” processes for disciplinary and dismissal procedures raised by an employer and for grievances raised by an employee will be repealed.
Employers are expected to deal with disputes in a way that is ‘fair and reasonable’ according to Employment Tribunals. A revised ACAS Code of Practice and non-statutory guidance on disciplinary and grievance procedures will establish the principles of what an employer and employee should do.
As a result, employees and employers will in theory have greater flexibility to deal with workplace discipline and grievance issues in a way that suits them best.
However you need to be aware that a failure to follow the Code does not, in itself, make a person or organisation liable to proceedings. However, employment tribunals will take the Code into account when considering relevant cases. Tribunals will also be able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provision of the Code.
The Code is available at
http://www.acas.org.uk/CHttpHandler.ashx?id=961&p=0
For further information or support call Flora and Marge, VAS HR Advisers on
0114 2536633
