Employment Law E-Bulletin

February 2009

QUICK LINK

Read this month's cases in full

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VARYING TERMS AND CONDITIONS OF EMPLOYMENT CONTRACTS

Last month our E-Bulletin discussed the correct procedure for making redundancies but letting employees go, taking their skills and training with them, may not be the right solution for every business so this month we are looking at changing terms and conditions instead.

Read full article

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CASES

Disciplinary Meeting Invitation Letters

Although the Statutory Disciplinary and Dismissal Procedure (SDDP) is due to disappear in April, Zimmer Ltd v Brezan is a reminder that the procedures cannot be forgotten for the moment and that even though they are on the way out, until the SDDP is no more, the smallest of procedural failures can leave employers facing claims. 

Interview Warning

Finally, a warning about interview and selection following a ruling of the Information Commissioner against Leicester City Council. 

Read this month's cases in full

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LEGISLATION

As we are sure you will now be aware, the new ACAS Code of Practice on Disciplinary and Grievance Procedures will come into effect on 6 April 2009.  This will replace the Statutory Disciplinary and Dismissal Procedure and the Statutory Grievance Procedure.

Whilst the Code is not binding, Employment Tribunals will have discretionary powers to adjust awards by up to 25% if employers or employees unreasonably fail to comply with the Code.  This means that it is important to have a thorough understanding of what is included and how employers will be required to conduct disciplinary and grievance matters going forward.

We are holding an update event at Burnetts on 8th April 2009 covering just these issues but, in the meantime, the changes which employers should be specifically aware of are as follows:

* The Code will not apply to dismissals which arise through redundancy or the non-renewal of a fixed-term contract;

* Poor performance is now specifically mentioned as a disciplinary issue;

* Employers will have a specific legal obligation to provide the employee with a copy of the evidence that they intend to rely on at a disciplinary hearing in advance of that hearing;

* Although oral warnings have been removed as a required stage in the  disciplinary process, parties are encouraged to try and resolve matters informally before starting disciplinary proceedings;

* The Code contains a specific statement that where an employee is persistently unable or unwilling to attend a disciplinary meeting, the employer will be entitled to make a decision in the employee’s absence, basing that decision merely on the evidence available at that time;

* The Code also makes specific reference to the situation whereby an employee raises a grievance during the disciplinary process.  The Code states that in such circumstances disciplinary process may be suspended but that, if the issues are related, the employer can deal with both issues concurrently.

The trigger date for these changes is 6 April.  Until that date, the existing procedures will continue to apply.  They will also apply in relation to grievances or disciplinaries that were started before 6 April so the SDDP cannot be forgotten for the moment.  However, employers will need to ensure that they are up to speed with the new procedures to avoid making mistakes from April onwards.

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If you need advice regarding redundancy, or any other employment issue, please contact the employment team at Burnetts on 01228 552222.

Feb '09