::
::
Revised code of practice on disciplinary and grievance coming into force in April 09
Litigation News
Revised code of practice on disciplinary and grievance coming into force in April 09Tuesday, 16th December 2008
Employees and in particular employers should be aware that in April 2009, there is a revised code of practice to replace the Statutory Dispute Resolution Procedures (Statutory Procedures).
The key aspect of the new Code is whether there has been an unreasonable failure to comply with the Code and if so there is a power to increase the award of compensation. Evidence of negotiations will help a Tribunal to determine “reasonableness”.
If you are an employee, you will no longer be barred from lodging a claim without first raising a grievance, however if a Tribunal finds that an employee has unreasonably failed to follow the guidance set out in the Code, they can reduce any award by up to 25%.
Similarly, if a Tribunal finds that an employer has unreasonably failed to follow the guidance set out in the Code, they can increase any award by up to 25%. In addition, an employer’s failure to follow the Code will no longer result in a finding of automatic unfair dismissal.
In most respects the procedure envisaged by the Code remains similar to that operated under the Statutory Procedures, with a written stage, followed by a meeting and a chance of appeal.
The first step to take for the employer is the employer and employee to always seek to resolve disciplinary and grievance issues in the workplace and if necessary consider using an independent third party to help resolve the problem, or even in some cases an external mediator might be appropriate.
The key elements of the Code are that:-
• Employers and employees should raise and deal with issues promptly;
• Employers and employees should act consistently;
• Employers should carry out any necessary investigations;
• Employers should inform employees of the basis of a problem, give them an opportunity to put their case;
• Employers should allow employees to be accompanied at any formal disciplinary or grievance meeting;
• Employers should allow an employee to appeal against any formal decision.
Therefore, although a failure to follow the Code is not fatal for either party, it can result in compensation being increased or decreased.
We shall confirm the final details of the Code once it comes into force, however if you have any queries regarding the current disciplinary and grievance procedures and how they affect you or your business, we shall be happy to provide specific advice upon request. Please contact Polly Plant or Gemma Neath on 01702 338338.
DISCLAIMER
The information on this site is intended as a general overview of the services that we can provide. Nothing on this site constitutes legal advice or gives rise to a solicitor/client relationship. The contents of this site are for general information purposes only. Whilst we endeavour to ensure that the information on this site is correct, no warranty, expressed or implied, is given as to its accuracy and we do not accept any liability for error or omission. We shall not be liable for any damage (including, without limitation, damage for loss of business or loss of profits) arising in contract, tort or other from the use of, or inability to use, this site or any material contained in it, or from any action or decision taken as a result of using this site or any such material. Please contact us if you need a comprehensive and up-to-date statement of the relevant law. Specialist legal advice should be taken in relation to specific circumstances.
« Back to Legal News
The key aspect of the new Code is whether there has been an unreasonable failure to comply with the Code and if so there is a power to increase the award of compensation. Evidence of negotiations will help a Tribunal to determine “reasonableness”.
If you are an employee, you will no longer be barred from lodging a claim without first raising a grievance, however if a Tribunal finds that an employee has unreasonably failed to follow the guidance set out in the Code, they can reduce any award by up to 25%.
Similarly, if a Tribunal finds that an employer has unreasonably failed to follow the guidance set out in the Code, they can increase any award by up to 25%. In addition, an employer’s failure to follow the Code will no longer result in a finding of automatic unfair dismissal.
In most respects the procedure envisaged by the Code remains similar to that operated under the Statutory Procedures, with a written stage, followed by a meeting and a chance of appeal.
The first step to take for the employer is the employer and employee to always seek to resolve disciplinary and grievance issues in the workplace and if necessary consider using an independent third party to help resolve the problem, or even in some cases an external mediator might be appropriate.
The key elements of the Code are that:-
• Employers and employees should raise and deal with issues promptly;
• Employers and employees should act consistently;
• Employers should carry out any necessary investigations;
• Employers should inform employees of the basis of a problem, give them an opportunity to put their case;
• Employers should allow employees to be accompanied at any formal disciplinary or grievance meeting;
• Employers should allow an employee to appeal against any formal decision.
Therefore, although a failure to follow the Code is not fatal for either party, it can result in compensation being increased or decreased.
We shall confirm the final details of the Code once it comes into force, however if you have any queries regarding the current disciplinary and grievance procedures and how they affect you or your business, we shall be happy to provide specific advice upon request. Please contact Polly Plant or Gemma Neath on 01702 338338.
DISCLAIMER
The information on this site is intended as a general overview of the services that we can provide. Nothing on this site constitutes legal advice or gives rise to a solicitor/client relationship. The contents of this site are for general information purposes only. Whilst we endeavour to ensure that the information on this site is correct, no warranty, expressed or implied, is given as to its accuracy and we do not accept any liability for error or omission. We shall not be liable for any damage (including, without limitation, damage for loss of business or loss of profits) arising in contract, tort or other from the use of, or inability to use, this site or any material contained in it, or from any action or decision taken as a result of using this site or any such material. Please contact us if you need a comprehensive and up-to-date statement of the relevant law. Specialist legal advice should be taken in relation to specific circumstances.
