Tuesday, 06 January 2009
Employment : Time expiring for statutory disciplinary and grievance procedures
The New Draft ACAS Code of Conduct
As many employers may be aware, the days of the statutory minimum required disciplinary and grievance procedures are drawing to a close, and they will be effectively replaced by a new ACAS Code of Conduct in April 2009.
Whilst the code, currently in Draft Form, follows many of the same principles of the now familiar statutory regime, it does introduce some new aspects which need to be taken seriously. The final version is not anticipated to differ greatly from the draft which is understood to have been approved by the Department for Business Enterprise and Regulatory Reform.
The new aspects being introduced are :
1) Both Employers and Employees should always seek to resolve issues in the workplace, and should consider using a third party or mediator to help resolve the problem if they can not do so between themselves before proceeding to a Tribunal.
2) Employees are now to be given a reasonable opportunity to ask questions, present evidence, and call relevant witnesses at any disciplinary or grievance hearing. They should also be given an opportunity to raise points about any information provided by witnesses.
3) The right to be accompanied continues, but has been clarified to a right to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.
4) The code clarifies further that the companion should be allowed to address the hearing to put and sum up the worker’s case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing.
5) Where an employee is charged with or convicted of a criminal offence this will not now normally in itself be a reason for disciplinary action. Consideration must be given to the effect (if any) the charge or conviction would have on the employee’s suitability to carry on their job function and their relationship with the employer, work colleagues, or customers.
6) Where a grievance is issued during the course of a disciplinary procedure, the disciplinary process may now be temporarily suspended in order to deal with the grievance if appropriate, although where the grievance and disciplinary cases are related it may be appropriate to deal with both issues concurrently.
In light of the above, DF Legal would advise all clients to carefully review their written disciplinary and grievance procedures to ensure that they are compliant with the new Code before it comes into force in April 2009.
Should you require any help or assistance, we would be happy to assist, simply telephone us on 01684 850750 and ask to speak to Paul Griffin, our specialist Employment Solicitor, or email him by clicking here.
