Commercial Alerts

Statutory Dispute Resolution Procedures to Be Abolished

14-Dec-07

The Employment Statutory Dismissal and Grievance Procedures that have plagued both employers and employees (and sometimes their lawyers!) since their introduction are to be repealed. This means that an employee’s dismissal will not be automatically unfair if an employer has failed to take into account any aspect of the Procedures.

This is a welcome development for employers. Unfortunately, there is no proposed commencement date for the changes to take effect. It has been rumoured that the changes may not come into effect until Spring 2009.

The Statutory Dismissal and Grievance Procedures are to be replaced with Codes of Practice to be introduced under the provisions of the Act, and which are not currently available (even in draft form).

Under the provisions of the Bill, a Tribunal will have discretion to increase any award that an employee might be entitled by up to 25% if an employer unreasonably fails to comply with a relevant Code of Practice. The Bill also extends ACAS’ powers to conciliate and removes the fixed conciliation periods that are currently in place.

For more information on the Bill, and it’s likely affect on your firm’s contractual procedures, contact:

Robert Hill – Tel. 01494 525941 e-mail: Robert.hill@rpj.uk.com