IER
Workplace Issues
23 March 2010
Employment Act 2008
• In force 6 April 2009 repealed Statutory Dispute
Resolution Procedures
• Overview of main changes:
– No automatic unfair dismissal for breach of statutory
procedures;
– No bar to lodging an ET1;
– No extension of time limits;
– Polkey is back;
– 25% uplift/reduction on awards for unreasonable
failure to comply with Acas Code.
Acas Code of Practice
• Main principles:
– Only applies to employees
– Focus on fairness and transparency;
– Disc. And Grievance procedures – written and
agreed with employee/TU reps; and
– Should be dealt with promptly/consistently/er
should carry out an investigation/inform ee/
allow ee to put their case/right to be
accompanied/appeal
What is Not Covered
Disciplinary – misconduct and capability
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Ill Health
SOSR
Redundancy
Fixed term employees
Part time workers
Retirement
Disciplinary - The Investigation
• Investigate without unreasonable delay.
• Investigation, by itself, should NOT lead to
disciplinary.
• Suspension with pay should be brief
• Investigation and disciplinary should be
conducted by a different person.
Informing the employee
• Notify ee in writing and right to be
accompanied;
• Notice should contain enough info about
allegation and consequences;
• Provide written evidence incl. witness
statements;
• Date, time and venue
• Meeting should be held without
reasonable delay but with enough time for
ee to prepare.
The Right to be Accompanied
• Applies if formal warning/other disciplinary action e.g.
suspension without pay/demotion etc. if provided for in
contract.
• TU rep who is not FTO must be certified.
• Worker must make reasonable request – what is an
unreasonable request.
• TU rep can address hearing, respond on worker’s behalf
to views and confer with.
Appropriate Action
• After Meeting er to decide if disciplinary or other action is
justified.
• Misconduct/performance only give FWW if “sufficiently
serious” i.e. serious harm or impact on Company.
• Where 1st or FWW is given - set out timetable for
improvement required and consequences of further
conduct/performance
• Even if gross misconduct er should follow fair procedure.
Dismissals and Appeals
• Dismissal – senior manager should tell ee
reason, EDT, notice and right of appeal.
• Appeal:
– Held without unreasonable delay;
– Agreed time and place;
– Right to be accompanied;
– Manager not previously involved;
– Inform outcome ASAP in writing.
Acas Disciplinary – Final Points
• Where ee persistently or unwilling to attend
hearing without good cause er makes decision
on the evidence.
• If disciplinary against TU discuss with union.
• If criminal not automatic consider suitability to do
job: relationship er, ee’s and clients.
Acas Code - Grievance 1
• Grievance = concerns, problems or complaints that ee’s raise
with er (incl. complaints about other ee’s).
• Ee should put in writing to manager ASAP.
• Meeting to be arranged without unreasonable delay all parties
make an effort to attend.
• Ee should explain grievance and how to resolve.
• Right to be accompanied – if duty owed by er to ee e.g.
contract: statute.
Acas Code – Grievance 2
• After meeting er should decide what action to take and
inform ee in writing without unreasonable delay.
• Er notify ee of right of appeal.
• Ee notify er grounds of appeal without unreasonable
delay – consider time limits.
• Appeal – advance notice – impartial manager.
• Er notify ee of outcome without unreasonable delay.
Acas Code – Grievance 3
• Overlap between grievance and disciplinary:
– If grievance raised during disciplinary meeting – er
may suspend disc to deal with grievance e.g.
discrimination.
– If grievance and disc overlap – may deal together e.g.
reasonable adjustment and disability dismissal.
• Collective – i.e. TU lodges for 2 or more ee’s Code does
not apply – use collective procedure.
Conclusion
• So what does this mean for the law on
unfair dismissal ?
• Further Reform