Employers Need to Prepare for New Dispute Procedures
On 6th April 2009, the existing statutory grievances procedures will be repealed in England, Scotland and Wales, as a result of the Employment Act 2008.
The mandatory 'three-step' procedure will be replaced with a revised ACAS Code of Practice, which sets out general guidelines for employers taking formal action, and more specific provisions for disciplinary and grievance issues. There will be an obligation on employers to follow the new Code; however it will be less prescriptive than the previous procedures, supplemented instead with guidance on best practice - this has no legal standing and is simply advisory. Draft versions of both the Code and the guidance can be accessed on the ACAS website
It is important for employers to familiarise themselves with both the new Code of Practice and the good practice advice. Employment tribunals will be legally permitted to take the Code into account when considering relevant cases and will have the authority to adjust compensatory awards by up to 25% for unreasonable failure to comply with the provisions. In order to help employers adjust to the new system, the Department for Business, Enterprise and Regulatory Reform has produced a short leaflet that sets out advice about the changes and gives a clear timeline of the transitional period.
TTA members are reminded that you can make use of the TTA Employment Telephone Helpline via Croner Consulting. Contact the TTA office on 02086630946 for the phone number.
