Dealing with the end of Dispute Resolution
A look at how employers have to handle the period of changeover from the old law of dispute resolution to the new law using the Acas Code of Practice on disciplinary and grievance procedure.
In dealing with disciplinary hearings, dismissals and grievances, employers will have to bear in mind whether the “old law” of the statutory dismissal and disciplinary procedures and statutory grievance procedures applies or the new Acas Code of Practice. This depends on which procedure the employment tribunal would follow if the case ended up in tribunal.
For dismissal or disciplinary procedures, the deciding factor for most claims will be the date when the letter was sent by the employer to the employee asking him or her to attend the disciplinary or dismissal meeting. If the letter was sent to the employee on or before 5 April 2009, the old statutory dismissal and disciplinary procedure applies. For a claim other than a dismissal, an employee will have to make a formal grievance before proceeding with his or her tribunal claim and this will have the effect of giving a three-month time limit extension in which to bring the claim. This will also mean that a grievance could be raised after the employment has ended.
This is just the start of the article, to view the full colour PDF please log in to the Members Only Area by clicking here