Statutory dispute resolution procedures come into force

Minimum statutory procedures for dealing with dismissal, discipline and grievance are in force with effect from 1 October 2004.

The standard (three-step) dismissal and disciplinary procedure applies in the majority of situations when an employer is contemplating dismissing or taking relevant disciplinary action against an employee. The modified (two-step) dismissal and disciplinary procedure applies only where an employer dismissed by reason of conduct without notice or any payment in lieu of notice, immediately after it became aware of the conduct, and where it was reasonable to dismiss before enquiring into the circumstances in which the conduct took place.

The standard (three-step) grievance procedure applies in relation to a grievance about action, or contemplated action, by the employer that could form the basis of a complaint to an employment tribunal. The modified (two-step) grievance procedure applies where the employment has already ended and the parties have agreed in writing that it should apply.

The procedures are introduced through the Employment Act 2002 (Dispute Resolution) Regulations 2004 and ACAS has updated its Code of Practice on Disciplinary and Grievance Procedures to reflect these changes.

  • HR & Compliance Centre policies and documents: Discipline and grievance and Termination of employment   HR & Compliance Centre's policies and documents have been updated to comply with the new procedures.

  • Resolving disputes - a new approach in the workplace  Read guidance on the new minimum disciplinary, dismissal and grievance procedures on the DTI website.

  • Code of Practice on disciplinary and grievance procedures  Read the Code of Practice on the ACAS website.

    Also

    Legal Q&A: Employment tribunal regulations - key changes   Karen Ozzard and Pattie Walsh of Richards Butler offer guidance on the key implications for HR of the new employment tribunal Regulations, effective from 1 October 2004.

    Statutory minimum dispute resolution procedures: (1): The dismissal and disciplinary procedures; (2): The grievance procedures; (3): Automatically unfair dismissal case study; and (4): Questions and answers   From HR & Compliance Centre's series looking at hot topics in employment law.

    New dispute resolution rules will wreak havoc   The complexities and legal issues that are thrown up by the new statutory dispute resolution procedures are likely to cause more costs for employers instead of less, argues Russell Brimelow.

    Wake up HR: it's time to check dispute policies   Gerry Sutcliffe, the UK employment relations minister, pens an exclusive report for Personnel Today about the implications of the Government's imminent dispute resolution law.