Nick Fenner – Your employment rights

Your employment rights. What you should know!

New Statutory and Disciplinary Procedures

Resolving issues

On 1 October 2004, a new law requiring employees to follow compulsory disciplinary and grievance procedures came into force. 

The main points that employers need to be aware of are set out below:

Statutory Disciplinary and dismissal procedure

It applies to dismissals on disciplinary grounds as well as redundancy, non-renewal of a fixed term contract or compulsory retirement.

There are three stages.  The employer has to write to the employee providing details of the allegations and invite them to a meeting to discuss the allegations.  The employer must inform the employee of the decision afterwards and give them a right of appeal.  If appealed a further meeting must take place to consider the appeal and the employer must write to advise the outcome.

Dismissal will be automatically unfair if the procedure is not followed

 

Statutory grievance procedure

Again, there are three stages.  If the grievance cannot be resolved informally, the employee must submit it in writing and the employer must arrange a meeting to discuss the grievance.  The employer must confirm their decision and advise the employee they have a right of appeal.  A further meeting must be held and the appeal decision notified to the employee.

The employee will generally only be able to pursue a tribunal claim if they have raised their grievance in writing.

Exceptional circumstances

There are modified procedures where the standard procedure cannot be complied with.

Meetings

The employee has the right to be accompanied by a companion who is a worker or trade union official.

The role of the companion has changed.  A companion can now put forward the worker’s case and sum up on the worker’s behalf.

Written statement

Employers are required to set out their disciplinary and grievance procedures in the statement of terms and conditions of employment or refer the employee to the appropriate document.

Penalties

If the procedures are not followed properly, the compensatory award may be increased by 10 to 50 per cent.  If the failure to follow the procedures was due to the fault of the employee, the award may be reduced by 10 to 50 per cent.