THE NEW STATUTORY DISPUTE RESOLUTION PROCEDURES

Every employer will have to comply with these Procedures from 1 October 2004. A new minimum standard has to be met in certain disciplinary or dismissal situations and employees required to lodge a grievance before making some employment tribunal claims. The Government’s aim is to encourage employers and employees to resolve their differences without recourse to employment tribunals. Employers who do not play ball could face automatic unfair dismissal findings and increased compensation payouts. Equally, employees who do not use the new procedures may have employment tribunal claims blocked or compensation reduced.

The Standard Dismissal and Disciplinary Procedure

This will be the most commonly used and applies if an employer is contemplating dismissal (with some exceptions) or “relevant disciplinary action”. This includes demotion, transfer or suspension without pay but not suspension with full pay or any warnings. The exclusion of warnings is helpful to employers, although the new procedure applies to non-disciplinary dismissals such as redundancy, expiry of fixed term contracts and compulsory retirement.

Step 1 – Letter

Details of the employee’s behaviour which give rise to concern must be sent in writing and the employee invited to attend a meeting.

 

Step 2 – Meeting

The employee must make every effort to attend. The employer has to inform the employee of its decision and offer the right of appeal.

 

Step 3 – Appeal

If the employee appeals, that should be heard by a more senior manager.

 

None of this is very controversial save that there is an increased emphasis on the paper trail.

 

The Modified Dismissal and Disciplinary Procedure

This will only apply where the employee has already been summarily dismissed in circumstances where it was reasonable to do so without investigation or allowing the employee to have their say. In practice it is rare for an employee to be caught red-handed and so it may be safer to use the standard procedure.

There are two steps. The letter from the employer setting out the nature of the alleged misconduct which has led to the dismissal, the supporting evidence and notification of the right of appeal. Then the appeal meeting itself.