Employment Law Updates

Employment Law Changes - April 2009

ACAS Code of Practice – New Disciplinary and Grievance Procedures

(Effective 6th April 2009)

 

  • Suggested Policies to have in companies

  • Misconduct - disciplinary
  • Poor performance – capability
  • Bullying and harassment
  • Whistleblowing  

 

  • 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!!

 

acasACAS can provide lots of advice on procedures. www.acas.org.uk

© Crown copyright (2001 - 2009)

 

All information is general and further information should be sought through HR Practical Solutions Ltd or an Employment Law practitioner.


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