Employment Seminar

The statutory dismissal, disciplinary and grievance procedures are on their way out.  As the Employment Appeal Tribunal has observed, the old regime provoked “a sea of negative comment, of Pacific rather than Caspian proportions”. The stated aim of encouraging the resolution of disputes outwith the Tribunal process was not achieved and the complex nature of the provisions led to more Tribunal litigation with increased cost for all concerned.

The new regime, relying on an ACAS Code of Practice, aims to be less prescriptive in its potential application, but to still allow Tribunals to recognise a failure to comply with generally accepted standards of fairness by financially penalising the defaulting party.  The purpose of this session is to consider:

• What is the new ACAS Code of Practice on disciplinary and grievance matters?
• What needs to be done in practice to comply?
• What happens if an employer fails to comply with the new regime?
• What does the recently reported case law in this area say?
• What practical pointers can be given to avoid a finding of unfair dismissal if the matter proceeds to the Employment Tribunal?