161 results found showing 1 - 20
With the government set to announce measures to replace the statutory disciplinary and grievance procedures (SDGPs) in November, the challenge will be to put in place a system that is more user-friendly than the SDGPs for employers (and employees) but which is an effective filter for disputes before they reach the tribunal system and result in costly litigation. In June 2007, law firm Shepherd and Wedd...
News | 9 Nov 2007
This Code aims to help employers, employees and their representatives by setting out key principles for handling disciplinary and grievance issues in the workplace. The Code will be taken into account by Employment Tribunals when considering relevant cases and awards made by Tribunals. Awards may be adjusted by up to 25% for unreasonable failure to comply with any provision of the Code.
Official guidance | 1 Apr 2009
The new version of the ACAS Code on Disciplinary and Grievance Procedures was formally published by The Stationery Office yesterday. It has been updated to incorporate the statutory dismissal and grievance procedures which, with the ACAS Code, come into force on 1st October 2004. The pdf document can be downloaded form the ACAS website: http://www.acas.org.uk...
News | 16 Sep 2004
...ment Act 2002 relating to dispute resolution (sections 29-41) are not now expected to come into force until the spring of 2004. Publishing its expected implementation dates for the various parts of employment legislation in October 2002, the DTI had suggested that the new provisions relating to disciplinary and grievance procedures would be introduced in the autumn of 2003, following consultation with ACAS. The intention of the changes is to reduce the burden on Employment Tribunals, the number of which has grown considerably in recent years. One of the principal effects is to introduce a requirement on employers to includ...
News | 10 Feb 2003
It is worth noting, that the new statutory dismissal, disciplinary and grievance procedures apply only to employees, that is, those working under a contract of employment or apprenticeship. However, the right to be accompanied at disciplinary hearings under the Employment Relations Act 1999, applies to all workers, which includes employees. Employers should be aware that by treating work...
News | 25 Oct 2004
In this factsheet: What are disciplinary and grievance procedures? The legal position. Disciplinary policy and practice. Grievance policy and practice. CIPD viewpoint. Useful contacts. References. Further reading.
Official guidance | 1 Jun 2011
ACAS has published some really useful flowcharts on operating the statutory dismissal and grievance procedures, which are ideal for small employers. To view the flowcharts visit: http://www.acas.org.uk/publications/pdf/acas_disciplinary_folder.pdf
News | 1 Oct 2004
As all will know, on 1 October 2004 it becomes mandatory for all employers to include a note in the written statement of terms and conditions as to dismissal policies (not just disciplinary policies) and grievance procedures. Also, the exemption for small employers (under 20 employees) is abolished. The DTI has just produced a memo which employers can issue to their staff, which they say complies with the new rules. This can be found at: http://www.dti.gov.uk/er/memo.htm ...
News | 21 Sep 2004
Was the grievance raised and the performance issues raised related? Just a thought. I recommend reading the acas Code of Practice 1; Disciplinary and grievance procedures. I would draw your attention to paragraphs 115 " ... Workers may also complain to a tribunal if employers fail to rearrange a hearing date to a reasonable date propossed by the worker when a companion cannot attend on the date originally proposed. The tribunal may order compensation of up to two we...
Comment | 8 Jan 2010
http://www.imago3.com/A/library/welcome.asp?Cr=ACASDG The above link is for the ACAS online learning website. Its free and provides you with all the training you require to be competent in the topics you list. ACAS also do a one day course which I found to be excellent. John
Comment | 12 Aug 2004
Can you please send me details regarding warnings, verbal and written. With many thanks
Comment | 5 Aug 2004
The delay in implementation has come as no surprise as there are considerable practical difficulties in reconciling the new, short procedures with the longer and much more comprehensive ACAS code. Commentators fear that by introducing short statutory procedures the force of the ACAS code will be compromised. Until these issues are resolved employers can continue to follow their existing procedures. However any review or redrafting should reflect the new pr...
Comment | 14 Feb 2003
... However, often they become out dated and equally unworkable. Old policies may not comply with the latest employment legislation or you may wish to change the culture or focus of your organisation only to find your policies are too restrictive. Certain key documents such as contract of employment, disciplinary and grievance procedures are legally required and an effective set of clear and workable HR policies and procedures are critical for any organisation. We can provide bespoke documentation to suit the needs of your business, to ensure it is workable and clear for your employees and managers. Sound documentation will mitiga...
Support | 10 Feb 2012
The Department for Trade and Industry (DTI) has produced a website summarising the anticipated changes (and implications) of the forthcoming statutory disciplinary and grievance procedures. Along with copies of Government press releases, there is a copy of a DTI training Powerpoint presentation. [Non-Contractual Grievance Policy and Management Guide, version 1.0 (ISBN 1-900648-31-8, £34.99) and Non-Contractual Disciplinary and Dismissal Policy and Management Guide, version 1.0...
News | 3 Nov 2003
The revised draft Acas Code of Practice on Disciplinary and Grievance procedures was laid in Parliament on 17 June 2004 and, subject to Parliamentary approval, is due to come into effect on 1 October 2004. The Code has been revised to take account of the new statutory discipline and grievance procedures, which come into operation on 1 October 2004. As well as giving prac...
News | 22 Jun 2004
... plans to streamline and simplify the dispute resolution system to the benefit of employers and employees. "It will complement the removal of statutory measures by establishing flexible, principles-based guidance to help resolve disputes early." The Code of Practice states that the keys to handling disciplinary problems in the workplace are: establish the facts of each case;inform the employee of the problem;hold a meeting with the employee to discuss the problem;allow the employee to be accompanied at the meeting;decide on appropriate action; andprovide employees with an opportunity to appeal. Commen...
News | 2 May 2008
...e months that most tribunal claims take. We have a responsibility to support the economic recovery by resolving workplace disputes early on to avoid costly, stressful and time-consuming employment tribunals.” The PCC service was launched in April 2009 alongside the new Acas Code of Practice on Disciplinary and Grievance Procedures, following the Government’s Dispute Resolution Review in 2007. For more information about PCC, go to the Acas website.
News | 16 Mar 2010
...ified, for example: How far should employees and their representatives be involved in the development of the employer's rules and procedures?Are employees entitled to cross examine witnesses at disciplinary meetings?Has the definition of grievance changed?How should employers deal with overlapping disciplinary and grievance procedures?What can an employer do when an employee goes off sick before a disciplinary hearing? We will be looking at these and other issues relating to the Code in more detail in the future. What action should we take now? Although these changes are intended to re-introduce an element of flexibility and ...
News | 6 Apr 2009
...have discretion to increase/decrease any compensation by up to 25% for an unreasonable failure by an employer or employee to follow a relevant code of practice. In theory, a ,,code of practice could be any statutory code but, in practice, would probably almost always be the ACAS Code of Practice on disciplinary and grievance procedures. Acas are revising their codes for reissue when the new legislation is in force. Compensation for losses caused by non-payment Compensation will be payable for losses caused in relation to non-payment of redundancy payments and unlawful deductions from wages, whether the employee is still in the em...
News analysis | 11 Feb 2008
The Employment Appeals Tribunal (EAT) has held that an Employment Tribunal was wrong to conclude that the statutory grievance procedure did not apply when an employee resigned during the course of disciplinary proceedings. Ms Pinkus, an employee of the Crime Reduction Initiative (CRI), was the subject of disciplinary proceedings. She resigned the day after a disciplinary meeting but prior to the conclusion of the disciplinary proceedings. Some two months later she wrote to the head of Human Resources...
Case | 22 Mar 2007