by Jenny Ward
1 November 2004
New disciplinary and grievance procedures came into force on 1 October 2004. Have you reviewed your procedures to ensure they comply?
Failure to follow the new “statutory disputes procedure” could result in the following:
1. If the employer is taken to a tribunal a dismissal will automatically be considered to be unfair and;
2. Compensation can be enhanced by between 10% and 50% of what is awarded (subject to a cap of £55,000 currently) – it can also be reduced if the employee fails to follow the procedure without good cause.
Another important consequence is that if a case goes to tribunal and there are no written terms and conditions of employment (or they are held to be unsatisfactory by the tribunal), an additional sum can be awarded to the claimant (between 2 and 4 weeks pay), irrespective of the strength of the case.
As a minimum, a three-step procedure must be followed in situations where an employer is contemplating the dismissal of an individual employee. This procedure does not apply to collective dismissals or if the employer is issuing a warning (written or oral). However, any disciplinary action has the potential to lead to dismissal, and employers should consider their current procedures in the light of the new requirements. In brief the new procedures are outlined below:
Disciplinary procedures: if an employer is contemplating dismissal – or action short of dismissal such as loss of pay or seniority – they must follow a three-step procedure, which involves:
1. a statement in writing of what it is the employee is alleged to have done
2. meeting to discuss the situation, and
3. the right of appeal
There is also a modified procedure, which employers can use in cases of gross misconduct.
Grievance procedures: if an employee wishes to use a grievance as the basis of a complaint to an employment tribunal they must first complete step 1 of the statutory grievance procedure:
1. step one: inform the employer of the grievance in writing
2. step two: meet to discuss the grievance and
3. step three: hold an appeal, if requested
A copy of model disciplinary and grievance procedures can be obtained from the RVA Advice Worker. We can also help with checking if your present procedures are compliant.
