Birmingham Law Society Column - February 2009

Sunday, 1st February 2009

Birmingham Law Society Column


February 2009


By Linda Jones, chair of Birmingham Law Society's Employment Law Committee and partner at Pinsent Masons LLP


Employers and employment lawyers alike are looking forward to the abolition of the Statutory Disciplinary and Grievance procedures on 6 April this year.
The Government introduced the procedures in 2004 to encourage the resolution of employment disputes within the workplace, cutting down the number of employment tribunal claims.
Specialist employment judges and senior employment lawyers expressed serious concerns about the procedures before they were introduced, and their reservations have now proved to be well-founded.


The procedures are legally complex, impractical and have actually led to an increase in Tribunal complaints rather than the desired reduction. Last year a Government initiated review carried out by Michael Gibbons concluded that the procedures had been a complete failure and should be abolished.


But what will replace them? Businesses will be relieved to learn that there will be no new compulsory disciplinary and grievance procedures. However, the position isn't quite that simple, as Acas, the publicly funded Arbitration and Conciliation Service, is planning to introduce a new Code of Practice on discipline and grievance at work.


This will outline guidelines for employers - something employment tribunals will be bound to take into account when considering cases. If the employer fails to comply with the Code, any compensation awarded to the employee could be increased by up to 25 per cent.
Likewise, if the employee has failed to comply with his or her obligations under the Code, their compensation could be decreased by up to 25 per cent.


There is also a new emphasis on workplace mediation in the Code, as an alternative to bringing a Tribunal complaint.


Discipline and grievance procedures will need a thorough overhaul before April and businesses should make sure that their HR teams are up to date with the changes, which will have an immediate impact.


Hopefully the principles set out in the Code will make the dos and don’ts of discipline and grievance procedures much clearer for all concerned.