Employment Updates

 

•          Latest News - First Mail Shot
•          Partners Tupe win  
•          Free Employment Law
•          New Grievance and Disciplinary Procedures
•          Compromise Agreement
•          How much redundancy am I entitled to?
•          Thames River Briefing
•          Taking over service provision contracts
•          New City office
•          Redundancy Pack
•          Taxation of Disability Payments
•          Tribunal Claims Soar by 43% in a year!
•          Common Sense Legal Advice
•          Employers Beware: Employees may reclaim paid holiday lost through sickness
•          Challenge to the UK Retirement age fails

 

GRIEVANCE & DISCIPLINARY PROCEDURES 

HOW WILL THE LAW CHANGE ON 6 APRIL 2009?

 

The Employment Act 2008 introduces new procedures which repeal the old Statutory Dispute Resolution Procedures which were viewed by many as unworkable.

 

The main changes are as follows: -

 

1. FAILURE TO FOLLOW THE PROCEDURES NO LONGER AUTOMATICALLY UNFAIR

Old regime- Under the old regime a dismissal without following the dismissal and disciplinary procedures would have been automatically unfair.

 

New regime- Under the new regime the Tribunal will look at whether the employer acted within the band of reasonable responses in treating the misconduct/ poor performance as the reason for the dismissal. In making this decision the Tribunal will also take into account the size of the employer's operation, staff members and other factors. There will no longer be a free-standing unfair dismissal claim for a failure to follow the ACAS Code.

 

2. COMPENSATION

Old regime - Under the old regime any compensation awarded could be adjusted by 10-50% for failure to follow the procedures.

 

New regime - If the employer 'unreasonably' departs from the ACAS Code in respect of the application of its grievance or disciplinary procedures the Tribunal may adjust any compensation awarded by up to 25%.

 

3. REDUNDANCY CONSULTATION

Old regime- Under the old regime the procedures applied to redundancies.

 

New regime - The Code does not apply to redundancy dismissals, the non-renewal of fixed-term contracts or grievances presented on behalf of two or more employees by an employee representative.

 

4. EXTENSIONS

Old regime - Under the old regime there was a provision for an automatic three month extension to present a claim in certain circumstances.

 

New regime- There is no automatic extension of time under the new regime even if an appeal is still ongoing.

 

If you would like further advice or assistance on how to comply with the new procedures please 

 

CONTACT US for more information.