Pre 6th April 2009

From 6th April 2009

Statutory Dispute Resolution Procedures (SDRPs) in force

SDRPs abolished.  New ACAS code of practice on disciplinary and grievance procedures (the new code) comes into force

Discipline and dismissals

Employers must set out details of the disciplinary issue in writing

Employers should set out details of the disciplinary issue in writing and advise the employee of the right to be accompanied.

After two meetings which the employee has been reasonably unable to attend, an employer may make a decision

An employee must be persistently unable or unwilling to attend before a decision can be made in their absence.

Statutory disciplinary procedure does not apply to warnings

New code applies to all stages of formal disciplinary action, from formal warnings to dismissal

Failure to follow the statutory dismissal procedure constitutes automatically unfair dismissal

No automatically unfair dismissal for a failure to follow the new code

As long as the statutory procedure is followed, a failure in an additional procedure will not render the dismissal unfair if following the additional procedure would have made no difference.

Employers will be unable to avoid a finding of unfair dismissal by arguing that following a fair procedure would have made no difference.

Statutory dismissal procedures applies to small scale redundancy dismissals and non-renewal of fixed term contracts

New code does not apply to redundancy dismissals or non-renewal of fixed term contracts

Grievances

Grievances must be set out in writing

Grievances should be raised in writing

Ex-employees are entitled to have grievances heard through a standard or modified grievance procedure

No right for ex-employees to have grievances heard and no modified grievance procedure.

Claimants may be prevented from making a claim to employment tribunal without first submitting a grievance

No requirement for claimants to submit a grievance before a claim to employment tribunal

General Provisions

Failure to adhere to the SDRPs may result in an uplift or reduction of tribunal award of up to 50%

Failure to follow the standards in the new code may result in an uplift or reduction of tribunal award of up to 25%.

Possible three month extension to tribunal claim time limits if statutory procedure is being followed.

Return to an assessment of what are ‘reasonably practicable’ and ‘just and equitable’ extensions to time limits.