Managing Disciplinary And Grievance Issues In The Workplace

Employers and lawyers alike have grappled with the complexities of the statutory disciplinary, dismissal and grievance procedures since their introduction in October 2004. A review of the current regime indicated that the system was not working. This has forced the Government into simplifying the internal dispute resolution process. As a result, ACAS has recently published a revised Code of Practice on Disciplinary and Grievance Procedures (the "Code"). Subject to parliamentary approval, the Code will replace the existing statutory procedures on and after 6 April 2009.

Overview Of The New Code

Disciplinary Action And Dismissals

The Code will apply to misconduct, poor performance and capability dismissals. The Code will not, however, apply to redundancy dismissals and expiry of fixed term contracts although employers must still act fairly prior to such terminations. Relaxation in these areas will give employers more latitude in terms of dismissing personnel on