Last week I mentioned we’d been gathering questions from employers on the repeal of the statutory dispute resolution procedures on 6 April. The answers [subscription required] to the following questions have now been published on XpertHR:
- The new Acas code of practice on disciplinary and grievance procedures states that it does not apply to dismissals due to redundancy - so which procedure should employers now follow for redundancy dismissals?
- As the Acas code does not apply to redundancy dismissals, must we continue to offer the right of appeal against a redundancy dismissal?
- The new Acas code specifically states that it does not apply to the non-renewal of fixed-term contracts. How should we now deal with the expiry of fixed-term contracts?
- If there is a disciplinary case to answer, the new Acas code states that the employer should inform the employee of this in writing. Does this requirement differ in any way from step-one of the statutory dismissal and disciplinary procedure?
- The Acas code states that, at a disciplinary hearing, the employee should be able to “call relevant witnesses”. We’ve not permitted this in the past because of fears that it could potentially be a difficult situation to handle. Can we continue to adopt this approach?
- How should employers deal with those dismissals that would have fallen to be handled under the modified statutory dismissal and disciplinary procedure?
- The new code states that employees should appeal against any disciplinary action that they feel is wrong or unjust, or where they feel that a grievance has not been satisfactorily resolved. Are we permitted to set a time limit in which an appeal must be submitted?
- We would like to revert to our old grievance procedure, under which employees were obliged to fill in our standard grievance form. But, as the code states only that a grievance should be in writing, will we be obliged to consider anything in writing - an email for example - that could potentially be viewed as a grievance?
- Following the repeal of the dispute resolution procedures are we obliged to deal with grievances from ex-employees?
- In what circumstances will the statutory procedures continue to apply from 6 April 2009?
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