Changes To Dispute Procedures - 6 April

I couldn't see that this had been posted - apologies if it has. If it hasn't perhaps the Board Mod could make it a sticky for a while.

The statutory dispute resolution procedures are repealed and no longer apply with effect from 6 April 2009 - this applies to all disputes, disciplinary and dismissals EXCEPT redundany and non-renewal of fixed-term contracts.

All other disputes - and this includes grievances brought by employees - must now be resolved in compliance with the new ACAS Statutory Code of Practice 1 - Disciplinary and Grievance Procdures. Bookmark it now

A brief summary:-

1. Informal resolution of disputes is encouraged (as one might expect from ACAS), including mediation.
2. Emphasis is on "fair" and "reasonable" conduct, especially by the employer, when dealing with issues covered by the Code.
3. It will no longer be "automatic unfair dismissal" if an employer fails to follow the Code. The question of unfair dismissal will be left to the Employment Tribunal (if the employee brings a claim) and the ET will decide whether or not the employer has been "fair" and "reasonable".
   
   If dismissal is found to be unfair, the compensation awarded by the ET can be reduced to reflect the likelihood that dismissal would have been the outcome anyway, if the correct procedure had been followed (the Polkey ruling). The reduction in the compensation could be 100% i.e. no compensation at all.
4. An unreasonable failure to comply with the Code allows the ET to adjust the compensation by a maximum of 25% (currently, the adjustment could be in the range 10-50%)

Rather than repeating everything here, anyone with an interest in this topic should read the ACAS Code of Practice (link repeated) and follow it from Monday 6 April 2009.

You will not find a prescriptive list of what is "fair" and "reasonable" as the Code is intended to be flexible and less prescriptive. This could be advantageous in some situations but until we get a stream of ET rulings, we won't know how the ETs will view different situations.

There is more information in the ACAS GUIDE but NOTE - the Guide is just that - a "guide"; compliance will be measured against the Code of Practice and NOT the Guide.

Again, we shall have to wait for a good few ET rulings to see what importance is placed on the Guide.

There are transitional arrangements which apply to ET claims brought or heard after 6 April, where the "incident" occurred before then - guidance on this aspect on the BERR website

If you helpfully post to those who need help with disciplinary, grievance and dismissal issues please don't just post "what you think" without checking your understanding of the Code and/or referring the OP to it. We shall all be on "new ground" for a good while yet (12-18 months) while we see how the Code is interpreted, especially in the ET/EAT.

If you want specific advice on your particular situation, it's best that you start a completely new thread. General observations, comments on the new Code can be posted below.