Sweeping changes to employment law, introduced on 6 April 2009 have changed the way workplace grievance and disciplinary disputes are handled and it is vital that employers understand the implications of the new Code of Practice or face the potential of more costly Tribunal awards.

The changes mean the previous three-step statutory grievance and disciplinary procedures have been replaced by a new Code of Practice from ACAS, (the independent Advisory, Conciliation and Arbitration Service) bringing with it an emphasis on finding an early resolution to workplace disputes.

While it is no longer set in stone that any failure to follow its requirements will result in an ‘automatic’ finding of unfair dismissal, Tribunals do have the discretion to increase or decrease an award by up to 25% if they find that either party has ‘unreasonably’ failed to follow the Code. This means that unless you are familiar with it and its principles, you might end up facing even more expensive claims.

Full details of the new Code are on the ACAS website, at www.acas.org.uk. However in some instances, such as if the disciplinary or grievance case was started before 6 April 2009, the three-stage statutory procedure will still apply. So it is crucial that businesses understand which process they should be following during this transitional phase in order to avoid the expense of a serious claim.

For further advice contact Adam Marshall on 01491 572138.