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The Employment Act 2008 (Commencement No 1, Transitional Provisions and Savings) Order 2008 SI 2008/3232 has been published, confirming that on 6 April 2009, s1-7 Employment Act 2008 will come into force. These will, amongst other things, repeal the statutory dismissal, disciplinary and grievance procedures. They will also give Tribunals discretion to increase or reduce tribunal awards by up to 25% where the employer or employee unreasonably fails to comply with the new ACAS Code of Practice.
The Order also contains transitional provisions governing when the existing statutory disciplinary, dismissal and grievance procedures will continue to apply after 6 April 2009, so as to provide clarity for employers and employees who are in the midst of disciplinary or grievance procedures on that date.
Statutory disciplinary and dismissal procedures (DDPs)
If, on or before 5 April 2009, the employer has either:
- complied with Step 1 or 2 of the standard procedure (i.e. issued a letter or held a meeting), or Step 1 of the modified procedure (i.e. issued a letter);
- taken relevant disciplinary action against the employee; or
- dismissed the employee;
the existing DDPs will continue to apply.
Statutory grievance procedures (GPs)
The existing GPs will continue to apply if the action that forms the basis of the employee's complaint occurs either:
- wholly before 6 April.; or
- begins on or before 5 April and continues beyond that date, AND the employee presents a complaint to a tribunal OR submits a valid grievance either;
- on or before 4 July 2009, for most types of claim, or
- 4 October 2009 for equal pay or redundancy pay claims and claims to which s238 TULRCA applies (dismissals in connection with other industrial action)
This bulletin is for general guidance purposes only and should not be used for any other purpose.
Extract from TEAM Newsletter
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