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 Statutory Disciplinary and Grievance Procedures 05 June 2003 The Employment Act 2002 will introduce for the first time a statutory obligation to follow a minimum disciplinary and grievance procedure. Regulations are expected to be passed in autumn 2003 and will apply to all employers irrespective of the number of employees they employ. Failure on the part of the employer to follow the statutory disciplinary procedure will render any dismissal automatically unfair and may result in the Tribunal increasing any award made by at least 10% but up to as much 50%. Employees who fail to inform their employer of a grievance in relation to their work will be unable to pursue a claim in the Employment Tribunal until they have first made their new complaint known to the employer and then given the employer time to respond. All the procedures must be carried out within a reasonable amount of time and the Regulations are expected to give guidance to this respect. The government is to introduce these measures in an attempt to provide dispute resolution in the workplace and reduce the ever-rising number of complaints made to the Employment Tribunals. It is intended that the sanctions for failure to follow these procedures will be vigorously applied and our advice to the employer is to start using disciplinary procedures now so that all teething problems can be ironed out before the Regulations are introduced and sanctions are imposed. If you need guidance on implementing disciplinary procedures please contact us. |
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