The new regime aimed at promoting the flexible resolution of employment disputes that is contained in the Employment Act 2008 became operational on 1 April 2009. This new regime replaced the much maligned and generally disliked Statutory Disciplinary and Grievance procedures that had been introduced in 2004.
The provisions of the new scheme are contained in Sections 1-7 of the Employment Act. They apply to the handling of discipline, dismissal and grievance issues and make the following changes to the law:
- The existing statutory procedures for dealing with discipline, dismissal and grievance issues, as set out in the Employment Act 2002, are repealed;
- Employment tribunals will have discretionary powers to adjust awards by up to 25% if employers or employees have failed unreasonably to comply with the Acas Code;
- There will be some technical changes to the law relating to Acas’ provision of conciliation services during disputes;
- Tribunals will be allowed to award compensation for financial loss in certain types of monetary claims.
The Act also paves the way for a revised Acas Code. This is concise and principles-based and is supported by accompanying guidance on handling discipline and grievance situations in the workplace.
Why use Healys?
We have significant experience in advising on and handling all aspects of disciplinary and grievance issues. This experience includes drafting and implementing new policies and procedures as well as dealing with and advising on issues from inception, through investigation to final outcome, including dismissal.
Our experience and practical approach will enable us to work with you to achieve effectively and efficiently the best outcome for the business.
What are the likely costs?
We will provide you with regular estimates and updates or can agree fixed fees or project costs so you will be aware at all stages of the costs involved.