Dismissal, Disciplinary and Grievance
Procedures - Act Now!
Employers are reminded that new statutory
dismissal, disciplinary and grievance procedures come into
force on 1 October 2004.
Under the new measures employees of all
employers, regardless of size, will be entitled (save in
cases of gross misconduct) to have the benefit of a minimum
standard formal dispute resolution process before they are
dismissed. It will automatically be unfair dismissal if
an employer dismisses an employee without completing the
appropriate statutory procedure. In addition, an employee
will not normally be able to take a claim to an employment
tribunal unless he or she has first raised a formal grievance
with the employer.
Employers and employees will be required
to follow a minimum three-stage process to ensure that disputes
are discussed at work. The process will require:
* the problem to be set out in writing
with full details provided to the other party;
* both parties to meet to discuss the problem;
and
* the employee to be offered the chance
to appeal the decision and a further meeting arranged to
discuss the appeal.
Each step and action under the procedure
must be taken without unreasonable delay and the timing
and location of all meetings must be reasonable. Failure
by either party to comply with the requirements of the new
procedures will result in an increase or decrease in the
level of compensation awarded of between 10 per cent and
50 per cent.
Employers should also be aware of the wide
scope of the new procedures with regard to dismissals. They
will have to be followed not just where the termination
is on the grounds of capability or conduct but also when
the employer is contemplating dismissing an employee on
the grounds of redundancy, non-renewal of a fixed term contract
and also on retirement.
Employers who have not already done so
should review their existing policies and procedures. Make
sure that contracts of employment comply with the new rules
on written procedures and that standard letters are amended
as necessary.
New Disability Laws - Are You Prepared?
The new Disability Discrimination Act 1995
(Amendment) Regulations 2003 come into force on 1 October
2004. One important aspect of this legislation is that small
businesses with fewer than 15 employees will no longer be
exempt from the requirement to make physical adjustments
to premises in order to overcome barriers to access for
disabled people.
All businesses that do not already ensure
that disabled customers and employees are not at a substantial
disadvantage when accessing their premises and services
will have to make 'reasonable adjustments' to this end.
The changes could include installing facilities such as
ramps, handrails, automatic doors and audio enhancement
equipment and making sure that signs can be clearly understood
by those who are visually impaired.
Ms Catherine Casserley, Senior Legislative
Advisor for the Disability Rights Commission (DRC), has
issued a stark warning to businesses and service providers
that have so far done little to comply with the October
deadline. She has said, 'Increased awareness and activism
amongst disabled people after October 1st is a given that
business and service providers should not be in denial about.
In this new setting there will be nowhere to run and nowhere
to hide for businesses that have not made or planned improvements'.
The duty to take reasonable steps to prevent
disabled persons being placed at a substantial disadvantage
also applies to other workplace provisions, criteria or
practices during all stages of employment, including recruitment
and dismissal. It may also apply after employment has ended.
The changes are designed to improve existing
legislation in order to widen the rights of and opportunities
for Britain's ten million disabled people. The effect is
likely to be a more rapid advance in equal treatment for
disabled people than can be achieved by individuals bringing
cases in the courts.
Useful guidance, including codes of practice
for businesses and employers, can be found on the DRC website
at http://www.drc-gb.org.
If you need to make changes to your premises
or workplace practices in order to comply with the new regulations,
time is running out. The penalties for failing to do so
could be severe. Contact us if you would like more detailed
advice on the implications of the legislation for your business.
