Showing Discipline

Employers and employees alike will be pleased to learn that the abolition of the troubled Statutory Dispute Resolution Procedures (DRP) is in sight.

ACAS has published its draft statutory Code of Practice on Disciplinary and Grievance procedures which is due to replace the DRP next April, and the Employment Act 2008, which will bring the Code into force, has received Royal Assent. All that is now required is for the draft Code of Practice to be approved by Parliament, which is expected to be a formality.

The draft Code, which can be found on the ACAS website, at http://www.acas.org.uk/CHttpHandler.ashx?id=961&p=0 will apply to most dismissals except for redundancies and non-renewal of fixed term contracts, and to other complaints by employees. Although a failure to follow the Code will not give rise in itself to a claim, it will be taken into account by the tribunal in any appropriate proceedings, and if a party has failed unreasonably to follow the Code, the tribunal may adjust any award of compensation by up to 25%.

The Code restates the established procedures that most employers will be familiar with, including: investigation of the facts of the case, giving the employee advance notification of disciplinary allegations, holding a formal meeting and providing an opportunity to appeal against an unfavourable decision.

Comment:
Hopefully the requirement for any failure to comply with the Code to be ‘unreasonable’ will put an end to the seemingly endless stream of cases dealing with technical issues on whether or not the DRP have been complied with. The proof of the pudding however, is in the eating and we will return to this topic nearer the Code’s introduction in April next year.

Carol Aylott
RECULVER SOLICITORS

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