You should be aware
that from 1st October 2004 there has
been a change with the implementation of
compulsory disciplinary and grievance
procedures including dismissal
procedures.
The DTI have
suggested that all employers should
bring to their employees notice that
this change has taken place and for the
following reasons.
Employers who do not
employ a basic system of disciplinary
and dismissal procedures as defined in
the regulations, can look forward to
having their decisions being found to be
automatically unfair dismissals.
Employees who do not
seek to resolve their differences with
management through Grievance and other
appropriate procedures as provided in
the regulations or under their contract
of employment, can look forward to
sanctions being imposed by the Tribunal
reducing or even perhaps extinguishing
awards.
It is essential that
employers and employees look at the ACAS
code of practice on this, which is
fairly easy to read, and is likely to be
looked upon by Tribunals as best
practice.
http://www.acas.org.uk/publications/pdf/CP01.pdf
The most important
advice about this is that it is
COMPLICATED and if you have a problem,
spending a bit of money with an
Employment lawyer can save a lot of
money in the consequences of mistakes.
In addition, the
rules of the Tribunal and the Appeal
Tribunal have changed
www.legislation.hmso.gov.uk.si/si2004/20041861.htm
www.legislation.hmso.gov.uk.si/si2004/20042526.htm
New forms of
Originating Application IT1 and Response
IT3 will be compulsory from April next
year.
The Interactive
Law Group