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Making Sense of Employment Law - Changes to Statutory Dispute Procedures April 2009
Statutory Dispute Procedures - what happens after April 2009?
The Statutory Dispute Procedures, covering grievance and disciplinary procedures and dismissal procedures, are repealed on April 6, 2009. They are replaced with a new Acas Code of Practice. But, there is no clean break and transitional arrangements apply.
Statutory Dispute Procedures transitional arrangements
The old Statutory Dispute Procedures (including the statutory disciplinary procedure) continue to apply in a number of situations. Employers who fail to follow the correct transitional arrangements face financial penalties and claims of automatic unfair dismissal.
Disciplinary matters
The old Statutory Dispute Procedures continue to apply where an employer has done one of the following on or before April 5, 2009:
• Dismissed an employee.
• Disciplined an employee in certain circumstances.
• Sent a step one letter (see below) inviting the employee to a meeting.
• Held a step two (see below) meeting.
Grievances
The old Statutory Dispute Procedures continue to apply where an employee raises grievances about their employer’s conduct which:
• Started on or before April 5, 2009 resulting in a step one letter (see below) or Tribunal Claim on or before July 4, 2009 or
• Concern the employer’s conduct wholly before April 6, 2009.
Equal pay, redundancy pay and certain industrial action dismissal claims (grievances)
The old Statutory Dispute Procedures continue to apply where an employee raises a grievance about equal pay or redundancy pay issues (and certain industrial action dismissal claims) which:
• Started on or before April 5, 2009 resulting in a step one (see below) letter or Tribunal claim on or before October 4, 2009 or
• Concern employer conduct wholly before April 6, 2009.
Failure to comply
Under the outgoing system, compensation can be increased by up to 50 per cent where an employer fails to use the correct work disciplinary procedure in a dismissal case. This mandatory uplift no longer applies under the Acas Code, but Employment Tribunals will be able to increase or reduce awards by up to 25 per cent where employers or employees unreasonably fail to comply with the Code.
The three-step Statutory Dispute Procedure
The Statutory Dispute Procedures, repealed on April 6, 2009, spell out a compulsory three steps for resolving disputes and dealing with dismissals. These three steps should also be followed under the transitional arrangements outlined above. The Statutory Dispute Procedures also cover other actions which fall short of dismissal, such as reallocation of duties following a period of ill health.
Step one: A letter informs the employee - or employer if a staff member is making a grievance against an employer - of the reasons for the disciplinary action, dismissal or grievance.
Step two: A face-to-face meeting, where the employee has the right to be accompanied, is held allowing time beforehand to prepare. After the meeting the employer informs the employee of the decision and their right to appeal.
Step three: An appeal meeting is arranged, if needed, and the employee advised of their right to be accompanied. After this meeting, the employer informs the employee of their final decision.
Employment law training
Managers need to be confident with the new Acas Code of Practice governing disciplinary and grievance procedure in the workplace. If managers and employers do not follow the law properly they could be called to account for their actions in an Employment Tribunal.
We offer employment law training to help line managers understand their duties and responsibilities to the business and those they manage, including:
• The new Acas Code of Practice.
• Preventing disciplinary and grievance issues arising.
If you would like to discuss the law in relation to grievance and disciplinary issues or dismissal email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0208 256 4490 (Croydon).
Related Links
Martin Searle
martin searle solicitors’ employment lawyers have a flexible and pragmatic approach and are committed to helping businesses implement policies and procedures to ensure that relationship runs smoothly. Employees and employers looking for more information about Employment Law or to speak with human resources consultants please visit: http://www.ms-solicitors.co.uk/
Jul 11, 22:00martin searle solicitors’ employment lawyers have a flexible and pragmatic approach and are committed to helping businesses implement policies and procedures to ensure that relationship runs smoothly. Employees and employers looking for more information about Employment Law or to speak with human resources consultants please visit: http://www.ms-solicitors.co.uk/
