Date:
Related Links
BKL news - Human resources 
The New Statutory Disciplinary and Grievances Regime
The revised ACAS Code of Practice on discipline and grievance provides basic practical guidance to employers and employees and their representatives and sets out principles for the handling disciplinary and grievance situations in the workplace.
From 6 April 2009 the ‘2004’ Statutory Dispute Resolution procedures, including those relating to discipline and dismissal are being abolished.
From 6 April 2009, the old Statutory Dismissal and Disciplinary procedures, DDPs, no longer apply to any new disputes so that it will no longer be required for the 2004 3 - step DDP as such, to be followed.
The revised Code needs to be followed instead in most disciplinary situations. However the Code does not apply to:
a) Dismissals due to redundancy or
b) The non renewal of fixed term contracts on their expiry
If possible, employers and employees should seek to resolve disciplinary and grievance issues in the workplace. However where this is not possible, mediation should be considered as an option either by using an internal mediator or using the services of an external impartial mediator.
Where an issue cannot be resolved informally then it may be pursued formally and the Code sets out the basic requirements of fairness that will be applicable in most cases. A failure to follow the Code does not in itself make a person or organisation liable to proceedings. However employment tribunal will take the Code into account when considering relevant cases.
Tribunals will be able to adjust any awards made in relevant cases by up to 25% for unreasonable failure to comply with any provision of the Code.
The new regime has been described as a simpler and less prescriptive system by BERR, the Department for Business, Enterprise & Regulatory Reform.
However many legal practitioners envisage that, at least in the short term, the transition from the old to the new regimes may be problematic and confusing.
