Employment Law Changes
The main focus of this change is the Employment Act 2008, which repeals sections of the Employment Act 2002 and removes the statutory three-step discipline and dismissal procedure, including the automatic unfair dismissal provision. The new Acas Code of Practice on Disciplinary and Grievance Procedures, which replaces the current version, is based on the statutory dispute resolution procedures. It encourages employers to use mediation in order to prevent claims reaching tribunal.
The main points for employers:
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Deal with issues promptly
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Employers and employees should act consistently
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Carry out any necessary investigations to establish the facts
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Inform their people of the basis of the problem and give them opportunities to put their case forward before they make any decisions.
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Allow employees to be accompanied at any formal disciplinary or grievance meeting
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Allow employees to appeal against any formal decision that is made
It is important to remember that although the Code isn't legally binding, a tribunal can still take this into account when they are considering if the procedure that the employer followed was fair.
An unreasonable failure to comply with the Code may lead to an adjustment in any compensation a tribunal awards by up to 25% and employers need to be able to explain why they didn't follow the Code.
Transitional provisions will also apply through an order in the Act, which sets out the circumstances in which the statutory dispute resolution procedures will continue to apply, on or after 6th April 2009.
However, if you do have a procedure in place that complies with the current statutory dispute resolution procedures, it will almost certainly comply with the Acas Code.