Employment Matters Bite Size February 2009

Legislation

How to handle disciplinaries and grievances in the interim period
As you will be aware from previous editions of Bite Size, the statutory dispute resolution procedures will be repealed from April 2009.  On 15 December 2008, the transitional provisions that will regulate what happens during that tricky period just before and after 6 April 2009 were made. 

In respect of disciplinary matters, the current rules, will apply if:

• they would have applied in the circumstances of the case; and

• as at 5 April 2009 an employer has:

- complied with Step 1 or 2 of the standard disciplinary procedure (that is a letter setting out reasons for the disciplinary action and a hearing) or Step 1 of the modified procedure (a letter giving reasons for the summary dismissal), or

 
- taken relevant disciplinary action against the employee, or

- dismissed the employee.

The current rules regarding the statutory grievance procedure will apply where:

• the matters complained about occurred wholly before 6 April 2009; or

• the matters complained about began on or before 5 April 2009, continue after that date, and the employee brings a claim in the employment tribunal regarding that grievance before 4 July 2009 (or 4 October 2009 for equal pay or redundancy pay claims).

The “old” rules will therefore still be relevant for some time and employers will need to carefully consider grievance and disciplinary matters that arise around April of this year.

For more information visit this web link

Harsher penalties for health and safety offences
The Health and Safety Offences Act 2008 came into force on 16 January 2009.  It amends the Health and Safety at Work etc Act 1974 (the “Act”) and increases significantly the maximum fines and length of prison sentences that both the Magistrates courts and Crown courts can impose. 

Regulation of employees’ health and safety at work has been around for a long time and employers will no doubt be well-versed in its requirements.  However, this new act serves as a reminder of the importance of health and safety matters and the consequences if the rules are not followed.  Employers may want to undergo further or repeat training for their employees.

For more information visit this web link