Businesses should be aware of the
new ACAS Code of Practice on Disciplinary and Grievance Procedures.
It comes into effect on 6th April 2009, when the statutory dismissal
and grievance procedures are abolished.
A failure to follow the Code does not, in itself, make a person
or organisation liable to proceedings but employment tribunals
will take the Code into account when considering relevant cases.
An unreasonable failure by an employer to follow the Code will
result in a tribunal having the power to increase any award by
up to 25%.
Employers and employees should always seek to resolve disciplinary
and grievance issues in the workplace. Where this is not possible,
employers and employees should consider using an independent
third party to help resolve the problem. The third party need
not come from outside the organisation but could be an internal
mediator, so long as they are not involved in the disciplinary
or grievance issue. In some cases, an external mediator might
be appropriate.
Many potential disciplinary or grievance issues can be resolved
informally. A quiet word is often all that is required to resolve
an issue. However, where an issue cannot be resolved informally
then it may be pursued formally. The Code sets out the basic
requirements of fairness that will be applicable in most cases;
it is intended to provide the standard of reasonable behaviour
in most instances. Employers are advised to contact their legal
advisors before initiating this process.
Employers would be well advised to keep a written record of
any disciplinary or grievances cases they deal with.
To find out more about how we can help you, please contact Carvill & Johnson in Northfield, Birmingham.
|
