Date 25 February 2009
From 6 April 2009, the ‘three step’ procedure for dealing with disciplinaries and grievances will be repealed and employers will have to comply with an entirely new set of procedures, in order to avoid unfair dismissal claims. This new framework is based on the provisions of the Employment Act 2008.
A revised ACAS statutory Code of Practice on disciplinary and grievance procedures sets out the principles of what an employer and employee should do to achieve a reasonable standard of behaviour.
In light of this, we would advise that all employers and HR professionals start familiarising themselves with this new ACAS code and consider taking the following steps to ensure that they will comply with this change in advance of the April deadline:
- Review your disciplinary and grievance procedures so they are compatible with the new law, remembering that the three-stage statutory procedure must still be followed in disciplinary or grievances cases started before 6 April 2009
- Familiarise yourselves with the transitional arrangements
- Identify where a more relaxed and informal approach to dealing with problems at work may be appropriate
- Consider including a mediation stage in your internal processes
- Train your managers in how to deal with problems at an early stage to prevent them escalating where possible.
Employment tribunals will still have the discretion to increase compensation awards where they consider there has been a failure to follow the new procedures, although awards may only be adjusted by up to 25%, rather than 50%.
When considering whether a dismissal is unfair, tribunals are going to be more focussed on the overall fairness of the procedure. The decisions will involve more discretion, and it will therefore be important that employers ensure overall fairness throughout each stage of their disciplinary processes.
If you have any questions or require further information please contact a member of the employment team on 01727 798000.
© SA Law 2009
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