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Statutory disciplinary and grievance procedures abolished

The Statutory Dispute Resolution Procedures relevant to disciplinary, dismissal and grievances are to be repealed on 6^th April 2009. These procedures potentially resulted in an uplift of compensation of up to 50% in the event of an Employer's failure to comply with the procedures. In its place is a new ACAS Code of Practice which sets out the basic requirements of a fair procedure.

One benefit of these changes is that there will no longer be a requirement for Employees to have to raise a formal grievance as a prerequisite to issuing Employment Tribunal proceedings and that dismissals will no longer be automatically unfair in the event that a particular step is not followed. However if there is an ‘unreasonable failure' to follow the new Code of Practice, then the Employment Tribunal is still empowered to reduce or increase awards by up to 25%, so it is still important that Employers avoid falling foul of the Code.

There is, however, a transitional period - the statutory procedures will still be applicable to any disciplinary, grievances and dismissals that take place or have commenced prior to 6^th April 2009. The Employment Tribunal Service are also issuing revised ET1 and ET3 Forms in the light of these changes. Further details can be found on the ACAS website www.acas.gov.uk It is therefore imperative and strongly recommended that proactive legal advice is sought from iLaw when dealing with disciplinary matters (including dismissals) and grievances in order to ensure that your business is fully compliant with the new regime and to minimise financial exposure.

For further assistance, please contact Steven Eckett.