Experts in Business

It would seem common sense has prevailed and we can stop trying to determine the correct meaning of the 3 step disciplinary and dismissal procedure – or can we?

After April 6th 2009 the statutory dispute resolution procedures will be repealed and at the same time replaced by the new ACAS Code of Practice. Whilst it is easier to understand, it again leaves many areas unexplained. Tribunals will still have the ability to increase or decrease an award by up to 25% where an employee or employer unreasonably fails to follow the code.

Perhaps most significant is the need to take out a grievance before making a tribunal claim, this has been removed so we may simply see claims being made earlier. There are a number of grey areas which we will have to wait for case law to determine.

Overall we will have to wait and see if this new system works better in practice than the dispute resolution procedures but with an increasingly litigious workforce and an uncertain economic climate we may well be changing one set of rules for another.

Employers however should review their procedures to ensure they comply with the code, and we would recommend training for managers on how to handle work place disputes upon which the code places increased emphasis.