April 09 D&G Changes

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The Law on Dismissal,The Law on Dismissal,

Disciplinary & GrievanceDisciplinary & Grievance

processes is changing.processes is changing.

Effective from 6 April 2009.Effective from 6 April 2009.

This is due to wide dissatisfaction with the 2004 DisputeThis is due to wide dissatisfaction with the 2004 DisputeResolution Regulations.Resolution Regulations.

Too much focus on process rather than merits of a caseToo much focus on process rather than merits of a case

Creates expectation of tribunal not resolutionCreates expectation of tribunal not resolution

Formalises issues that could be resolved informallyFormalises issues that could be resolved informally

Leads to a need for earlier legal adviceLeads to a need for earlier legal advice

Has not seen the reduction in cases reaching tribunal that it was bought in to make.Has not seen the reduction in cases reaching tribunal that it was bought in to make.

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The ChangesThe Changes

2004 Statutory Dispute Resolution Regulations are being repealed2004 Statutory Dispute Resolution Regulations are being repealedcompletely. They are to be replaced with a revisedcompletely. They are to be replaced with a revised 1010 page ACASpage ACAScode of practice. (C.O.P.)code of practice. (C.O.P.)

Unlike the S.D.R.R, failure to follow the code of practice will notUnlike the S.D.R.R, failure to follow the code of practice will notautomatically make an organisation liable to proceedings or makeautomatically make an organisation liable to proceedings or makean action automatically unfair. I.E we cannot be taken to tribunalan action automatically unfair. I.E we cannot be taken to tribunal

for simply failing to follow the code, whereas previously we couldfor simply failing to follow the code, whereas previously we couldhave been.have been.

Our procedure has been reviewed in line with the code and itsOur procedure has been reviewed in line with the code and itsprinciples adhered to as best practice. However we can affordprinciples adhered to as best practice. However we can affordgreater flexibility and calculated risks in stepping outside of thegreater flexibility and calculated risks in stepping outside of theguidelines of the code.guidelines of the code.

Tribunals will however take the code into account assessing theTribunals will however take the code into account assessing themerits of a case and compensation may be increased for failure tomerits of a case and compensation may be increased for failure toadhere to it.adhere to it.

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The ChangesThe Changes

Other changes are taking place in the widerOther changes are taking place in the widertribunal process in terms of conciliation,tribunal process in terms of conciliation,administration & case management.administration & case management.

Increased use of mediation is being encouragedIncreased use of mediation is being encouragedby the government and ACAS as a means toby the government and ACAS as a means tosettle disputes informally, more quickly and withsettle disputes informally, more quickly and withless stress and cost to both parties.less stress and cost to both parties.

The code does not cover redundancies or theThe code does not cover redundancies or thetermination of fixed term contracts on theirtermination of fixed term contracts on theirexpiry.expiry.

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What action does Apeks needWhat action does Apeks need

to take?to take?

Significant change is not necessary. The 2004 SDRR and the 2009Significant change is not necessary. The 2004 SDRR and the 2009ACAS C.O.P are very similar in terms of process. The main changeACAS C.O.P are very similar in terms of process. The main changeis the lessened repercussions for stepping outside of the definedis the lessened repercussions for stepping outside of the definedprocess.process.

For Grievances main change is the option to attempt to resolveFor Grievances main change is the option to attempt to resolveinformally rather than commence formal stage as soon asinformally rather than commence formal stage as soon asgrievance raised. Increased focus on dispute resolution methodsgrievance raised. Increased focus on dispute resolution methodssuch as mediation are recommended. Mediation training for somesuch as mediation are recommended. Mediation training for somecould be wise.could be wise.

Change in handling of disciplinaries reflect removal of verbalChange in handling of disciplinaries reflect removal of verbalwarning, which has been problematic due to the need for it to bewarning, which has been problematic due to the need for it to beissued in writing. ACAS now recommend a first written warning forissued in writing. ACAS now recommend a first written warning forminor issues and a final written warning for more serious orminor issues and a final written warning for more serious orsubsequent misdemeanours. We need to agree whether to usesubsequent misdemeanours. We need to agree whether to usethis as our new minimum or keep a three stage warning system,this as our new minimum or keep a three stage warning system,but changing the names to 1but changing the names to 1stst, 2, 2ndnd and 3and 3rdrd written warning.written warning.

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On a less positive noteOn a less positive note

There are no longer concrete obligations forThere are no longer concrete obligations foran employee to follow an employersan employee to follow an employersgrievance procedure.grievance procedure.

We will need to be very clear when talkingWe will need to be very clear when talkingto staff if they are simply having a moan orto staff if they are simply having a moan or

making a request for actionmaking a request for action..

We no longer have 28 days to start to dealWe no longer have 28 days to start to dealwith a grievance before an employee canwith a grievance before an employee canlodge it with the employment tribunal.lodge it with the employment tribunal.

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More to bear in mindMore to bear in mind

Transitional processes have been issuedTransitional processes have been issuedfor use where disciplinary or grievancefor use where disciplinary or grievancecases are already underway on the 6cases are already underway on the 6thth

April.April.

If this is the case I will work with theIf this is the case I will work with themanager involved to ensure they are met.manager involved to ensure they are met.

Basically if a case is already underway, itBasically if a case is already underway, itis likely that the S.D.R.R. that are beingis likely that the S.D.R.R. that are beingrepealed will still apply.repealed will still apply.

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Just another small change toJust another small change to

make you aware of..make you aware of..

The right to request flexible working hasThe right to request flexible working hasbeen extended to parents with children upbeen extended to parents with children upto the age of 16.to the age of 16.

This has changed from children up to theThis has changed from children up to theage of 6.age of 6.

Requests can be refused for a validRequests can be refused for a validbusiness reason. It is only a right tobusiness reason. It is only a right torequest.request.