There will be a new approach to the discipline and grievance procedure from April 6th 2009.
Here are the key changes that you should be aware of:
Here are the key changes that you should be aware of:
- The statutory disciplinary and grievance procedure no longer exists.
- Employers and employees are expected to follow the revised ACAS Code of Practice.
- Employment Tribunal awards may be varied by up to 25% for unreasonable failure to follow the Code of Practice.
- ACAS can provide more help and advice through expanded helpline, pre-claim conciliation service and and end to fixed period of conciliation in Employment Tribunal claims.
- Employees no longer are required to raise a grievance with their employer before making an Employment Tribunal claim.
- The revised ACAS code states that formal grievances should be raised in writing.
- Redundancies are no longer form part of the Disciplinary and Grievance procedure.
- Termination of fixed-term contracts are no longer part of this Code.
- Employees should appeal if they feel that the disciplinary action is wrong or unjust or if a grievance has not been resolved satisfactorily.
- Serious offenses (in a disciplinary procedure) may call for dismissal without notice for a first offence. This must be done through a fair process.
This new approach is focused on disputes being resolved within the workplace. Communication is essential throughout the process, for example, when initiating a disciplinary, the employee must be given enough information about the problem and possible consequences so that they can prepare a response. Likewise, if an employee has a grievance they must deal with it promptly.
HR Oasis can assist you with reviewing your disciplinary and grievance policy or with any queries you may have about this process.
Contact us on 0203 239 0694 or 07771536056. Email us at enquiries@hroasis.co.uk.
