News Rules on Discipline and Grievances
On 06 April 2009, the existing rules on Discipline and Grievances are to be abolished. In their place, a new ACAS Code of Practice will come into force.
The new ACAS Code can be downloaded here or from the ACAS website.
These changes affect every employer in the UK and you need to be sure you understand the changes to protect your business.
The main changes that will come into force are:
- Employment Tribunals must consider whether employers followed the ACAS Code when deciding whether any dismissal is fair - if not, the dismissal is likely to be unfair.
- An unreasonable failure to follow the ACAS Code can result in a 25% uplift in the compensation awarded to an employee.
- Employees have the right to 'call' witnesses at disciplinary hearings.
- Employers should 'involve' employees (or their representatives) in producing internal rules/procedures on discipline and grievances.
Following the new ACAS Code as closely as possible will help you avoid expensive and time consuming arguments at Employment Tribunals over what is fair and will reduce the risk of unfair dismissal claims.
New rules always bring periods of uncertainty. For practical advice on how best to comply with the new rules and reduce the risk of expensive claims please contact Mark Daubney on 01482 324591 or email mtd@sjplaw.co.uk.
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