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Disciplinary procedures - new procedures on the way
October 2008
You probably already know that the much-despised statutory disciplinary and grievance procedures will be abolished. But what will replace them?
Doomed from the outset. Ever since their introduction on October 1 2004, the statutory dismissal and disciplinary procedures have proved to be something of a disaster. The main criticism levelled at them is that many simple disputes have become litigious due to the fact that the procedures focus more on bureaucracy and form filling than on helping resolve the problem in question.
Informal Approach. As a result the government commissioned the Gibbons Review and incorporated its findings into the Employment Bill 2007/8. This is likely to be introduced in April 2009 and will encourage informal dispute resolution. If this fails, third-party mediation is encouraged, with tribunal claims being the last resort,
Draft code. ACAS has also produced A Draft Code of Practice on Discipline and Grievance. It is concise and principle-based, stating that disciplinary issues should be resolved by: (1) fact-finding/ / (2) informing the employee of the problem: (3) holding a meeting: (4) offering the right to be accompanied: (5) reaching a decision/ / and (6) offering a right of appeal.
Changes to grievances. The biggest change in the draft Code is that there will no longer be a requirement for the employee to raise a grievance in writing. Given the current problems that employers have in identifying what is and what isn’t a grievance, this could be a contentious modification, particularly as tribunals will be able to adjust an award by up to 25% for an unreasonable failure to comply with this Code.
Tip. Review your procedures based on the six points outlined above (numbers 3 to 6 will apply to grievances) and ensure that the managers involved understand the shift in emphasis towards conflict management. As part of this, they will need to be able to deal with disputes when an issue first appears. Additionally, look carefully at all complaints to see if they are really a grievance. We’ll be keeping a close eye on developments over the coming months and will bring further advice on the new Code.
Source: Tips & Advice (Personnel) – Indicator September 4 2008
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