Changes to Dispute Resolution
Dispute Resolution was the name given to employment law procedures which came into force in October 2004 to enable employers to resolve disputes with employees more effectively in the workplace. The idea was to sort out disputes early on to prevent employees from bringing Employment Tribunal claims.
The result was a complex piece of legislation,
concerning when, and how disciplinary, dismissal
and grievance procedures should be carried out.
After four years and Government consultation, the
Dispute Resolution procedures have been repealed
by the Employment Act 2008. The new law and a
new ACAS Code of Practice both come into effect
from 06 April 2009. The new ACAS Code of Practice is a simplified
version of the old one. Employers still need to
write to the employee setting out the reasons for
the disciplinary meeting, giving the employee a
right to be accompanied by a work colleague or
a trade union official, confirming the reasons for
the disciplinary warning in writing and giving the
employee a right of appeal against the decision.
The Code advises employers to take prompt action
when dealing with issues of conduct, and to have a
consistent approach when disciplining members of
staff.
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