More New Rules for Discipline & Grievance

A new Code of Practice is being introduced next month to help bosses and workers resolve problems more quickly.

Following a government consultation, the Acas statutory Code of Practice, 2009 replace The Dispute Resolution Regulations which came into force in October 2004. The 2004 Regulations have been widely condemned for being too rigid.

The new Acas Code of Practice, which is being introduced on 6th April, 2009, is the government’s second attempt to encourage early resolution of disputes between employer and employee and avoid costly tribunals. The average cost to business of defending an employment tribunal claim has been estimated at around £9,000.

Burnett’ Senior Partner John Morris was one of the employment law experts invited to take part in the consultation. 

John, who is Chair of the Law Society’s Employment Law committee, said, “The Dispute Resolution Regulations were seen as unfair by both employees and employers. An employer could sack an employee who was caught “red-handed with his hands in the till”, but if he didn’t follow the precise statutory procedure, any employee would win a case of unfair dismissal along with any compensation being increased by up to 50%. On the other hand, employees were prevented from bringing tribunal cases against bad employers if they had not previously complained to their employer in writing.”

Employers are not completely off the hook. Any disciplinary procedure which is begun or any grievance which occurs before 6th April 2009 will still need to be managed using the 2004 Dispute Resolution Regulations.

John said, “Unfortunately, the new approach is not free from criticism either. Although the Code is principle-based and couched in advisory terms like “employers / employees should”, if the Code is not followed, an Employment Tribunal will be able to increase or decrease awards by up to 25%.”

Burnetts’ employment law team is hosting a short briefing on the new Code on Wednesday 8th April 2009 in their Victoria Place offices in Carlisle. Employers can choose to attend “Discipline and grievance: the new Acas code” at either 8.30am – 10am or 4pm – 5.30pm. The session costs £30 plus VAT per delegate. 

To make a booking contact Glenda Graham on 01228 552222 or download the booking form at Burnetts' events page.

9th March 2009