Latest Information

Employment Act 2008

14/04/2009

The 6th April 2009 marked a dramatic change in the way Employment Tribunals will deal with disciplinary and grievance matters.

The change is brought about by the implementation of the Employment Act 2008.

Employers will no longer be required to adhere to the strict ‘3 stage’ statutory procedure established by the Employment Act 2002 (Dispute Resolution) Regulations 2004.

Instead employers must now comply with a new ACAS Code of Practice. The Code details a number of elements that are necessary to ensure that the disciplinary action or grievance is handled fairly.

The Code is further supported by a detailed guidance note, again prepared by ACAS, which goes into greater detail and offers employers a practical guide on how to implement the new Code.

The new legislation moves away from the concept of automatically unfair dismissals and the Employment Tribunal will now examine the disciplinary and grievance procedures for fairness as a whole rather than as a step by step process.

If employers fail to comply with the requirements of the Code and the Employment Tribunal deems this failure to be unreasonable they will have the power to increase any award made to a Claimant by 25%. Similarly if an employee does not adhere to the requirements of the Code the Tribunal may reduce any award by 25%.

If an employer’s disciplinary and grievance procedures comply with the current statutory regime then it is likely they will also comply with the Code. If this is not the case or if employers do not have a written policy in place we recommend that a review of the policy takes place.

We will provide compliant Disciplinary and Grievance Procedures for a fixed fee of £150.00 plus VAT.

If you require advice or assistance in respect of the above or any other employment matter, please call or email John Hassells, Head of Employment on 01204 527777.

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