Presentation on theme: "IER Workplace Issues 23 March 2010. Employment Act 2008 In force 6 April 2009 repealed Statutory Dispute Resolution Procedures Overview of main changes:"— Presentation transcript:
Employment Act 2008 In force 6 April 2009 repealed Statutory Dispute Resolution Procedures Overview of main changes: –No automatic unfair dismissal for breach of statutory procedures; –No bar to lodging an ET1;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 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 1 st 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
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