New Rules About Disciplinary & Grievance Procedures
The Employment Act 2002 introduced new rules about disciplinary procedures and grievance procedures. These new rules have been surrounded by controversy with employers' organisations arguing that the rules are unduly tough and trade unions arguing that the new rules are unduly lenient. In addition, the procedures have given rise to an increase in the number of claims to the employment tribunal rather than reducing the number of claims which was one of the main aims. As a result, it is likely that the Government will enact the Employment Bill later this year which would abolish these procedures and instead implement a package of replacement measures to encourage early and informal resolution to disputes.
The aim of the existing rules is to clarify the minimum standards that employers must follow when disciplining employees and dealing with the grievances of employees.
The first advantage to business is that, provided these minimum standards are followed, then employees will not be able to succeed in claims for unfair dismissal on the basis of any procedural failing. The second advantage to business is that employees may be prevented from resigning and bringing constructive unfair dismissal claims if they have not previously attempted to resolve their grievance through the internal grievance procedure. The downside for business is that, if the minimum standards are not followed, then any dismissal will be automatically unfair (provided the employee has been employed for one year) and the level of compensation will probably be increased.
The essential components of the minimum standards for disciplinary procedures are that the employer must send a letter to the employee inviting them to attend a hearing, then hold a fair hearing before taking disciplinary action and must give the employee an opportunity to appeal to a more senior manager. The key components of the grievance procedure are that the employee must make a complaint in writing, there is an initial meeting with the aggrieved employee and that the employee has the opportunity to appeal to a more senior manager.
Employees are prevented from bringing constructive unfair dismissal and certain other claims unless they have first raised a formal grievance. The grievance process should ensure that employers have the appropriate opportunity to remedy grievances before they result in litigation.
October 2008
This article gives a general overview only and the legal position at the time of writing this article. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print. For further information and advice, please contact Paul Archer or Lauren Harkin on 01793 527141 or alternatively by email on Paul.Archer@lemon-co.co.uk or Lauren.Harkin@lemon-co.co.uk.
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<p><strong><a href="http://www.lemon-co.co.uk/article_disciplinary-grievance.php">disciplinary procedures and grievance procedures</a></strong><br />
The Employment Act 2002 introduces new rules about disciplinary procedures and grievance procedures. These new rules have been surrounded by controversy with employers' organisations arguing that the new rules are unduly tough and trade unions arguing that the new rules are unduly lenient. The aim of the new rules is to clarify the minimum standards that employers must follow when disciplining employees and dealing with the grievances of employees...</p>
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