Training

"Using the new ACAS Code of Practice to handle Disciplinary and Grievance matters training course".  

The Repeal of the Statutory Dismissal, Disciplinary and Grievance Procedures 

As of 6 April 2009, the Statutory Dispute Resolution Procedures that covered dismissal, disciplinary and grievance procedures have been repealed.

In an effort to fill the gap left by the withdrawal of the statutory procedures, ACAS have issued a Code of Practice on Disciplinary and Grievance Procedures along with a comprehensive guidance booklet. These are intended to help employers and employees deal with disciplinary and grievance situations in the workplace.

Employers need to be aware of the contents of the ACAS Code of Practice because if a claim is made to an Employment Tribunal, the Tribunal can increase or reduce the level of awards that it makes by up to 25%, if it believes that there was an unreasonable failure to comply with the ACAS Code. 

Important facts to note:

• The Code of Practice does not cover redundancies or dismissals associated with the expiry of fixed term contracts.
• Unlike under the statutory procedures, failure by employers to comply with the Code of Practice will not render a dismissal automatically unfair. Employers will be able to present an argument to a Tribunal as to why it was reasonable to depart from the provisions of the ACAS Code in the particular circumstances.
• Employees are no longer compelled to register a grievance in writing. Employers now need to be able to recognise a grievance when it is not put in writing.
• An employee who fails to comply with the grievance provisions of the ACAS Code will not be barred from bringing an Employment Tribunal claim.

Recognising that Employers may need some assistance in coming to terms with the ACAS Code of Practice, the ECIA will provide guidance where required.

ECIA Training Seminars

“Handling Redundancies – Consultation, Selection and Implementation”