Employment Law Changes - April 2009
ACAS Code of Practice – New Disciplinary and Grievance Procedures
(Effective 6th April 2009)
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Suggested Policies to have in companies
- Misconduct - disciplinary
- Poor performance – capability
- Bullying and harassment
- Whistleblowing
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Key changes suggested by code to Statutory Disciplinary Procedures
- Don’t have to follow internal grievance procedures any longer to apply to Employment Tribunal
- Appeal at all stages
- Good practice to allow employee to be accompanied at all meetings (if requests)
- put in letter of invite
- Give employee a pack of all investigation information prior to meetings
- Suggest you have different person to hear each meeting
- may not be possible of smaller organization
- If give warning – need to put following in letter:
- What the employee has done
- What they need to do to improve
- Timescale's for improvement
- What will happen if no improvement seen
- Code only refers to 2 stage process
- does not refer to verbal stage
- Employee can put in a grievance even if they have resigned and left the company
- this needs more clarification by case law!!
ACAS can provide lots of advice on procedures. www.acas.org.uk
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