‘Local Jobs For Local People’
The Employers Forum
NEW DISCIPLINE AND GRIEVANCES REGIME
Since October 2004, employers have had to grapple with the Statutory Dispute Resolution Procedures. These impose minimum standards on employers when dealing with discipline and grievance issues. The procedures were introduced with a view to encouraging employers to resolve disputes in the work place. However, they have completely failed to achieve this aim.
Following the commissioning of an independent report, it was found that the Statutory Procedures had not encouraged early resolution of disputes, and in some cases had created a high administrative burden with unintended negative consequences. In many cases, lawyers have had become involved at an early stage in disputes, and too often a “one size fits all” had been imposed.
Given the above, it was therefore decided to abolish the Statutory Dispute Resolution Procedures. This change will come into force on 6 April 2009. Instead, employers will be encouraged to follow a new ACAS Code of Practice on Discipline and Grievance Procedures. Employment Tribunals will have regard to the new Code when hearing cases involving disciplinary and grievance issues. The Code stresses the need for fairness and transparency, and the use of the procedures when dealing with disciplinary and grievance issues. Employment Tribunals will still have regard to what is “fair and reasonable” when deciding cases, and in doing so will consider whether the employer has followed the principles set out in the Code. A dismissal is no longer automatically unfair if an employer fails to follow the procedures. If an employer fails to observe the requirements of the Code, this however may result in an Employment Tribunal increasing the compensation payment to an employee by up to 25%. Similarly, where an employee unreasonably fails to comply with the Code, the amount of compensation awarded may be reduced by 25%.
It is therefore still important to take legal advice when dealing with disciplinary or grievance issues at work. For further advice please contact Wake Smith & Tofields on 0114 266 6660 and ask to speak to a member of the employment law team.
Following the commissioning of an independent report, it was found that the Statutory Procedures had not encouraged early resolution of disputes, and in some cases had created a high administrative burden with unintended negative consequences. In many cases, lawyers have had become involved at an early stage in disputes, and too often a “one size fits all” had been imposed.
Given the above, it was therefore decided to abolish the Statutory Dispute Resolution Procedures. This change will come into force on 6 April 2009. Instead, employers will be encouraged to follow a new ACAS Code of Practice on Discipline and Grievance Procedures. Employment Tribunals will have regard to the new Code when hearing cases involving disciplinary and grievance issues. The Code stresses the need for fairness and transparency, and the use of the procedures when dealing with disciplinary and grievance issues. Employment Tribunals will still have regard to what is “fair and reasonable” when deciding cases, and in doing so will consider whether the employer has followed the principles set out in the Code. A dismissal is no longer automatically unfair if an employer fails to follow the procedures. If an employer fails to observe the requirements of the Code, this however may result in an Employment Tribunal increasing the compensation payment to an employee by up to 25%. Similarly, where an employee unreasonably fails to comply with the Code, the amount of compensation awarded may be reduced by 25%.
It is therefore still important to take legal advice when dealing with disciplinary or grievance issues at work. For further advice please contact Wake Smith & Tofields on 0114 266 6660 and ask to speak to a member of the employment law team.
