Discipline and grievance - the changing landscape

Mark Minns, 25 January 2009

Many employers have found the current discipline and grievance regime difficult to understand, and even more difficult to implement. However, change is coming and the current regime is due to be overhauled and replaced by a new one with effect from April 2009.

A key part of the new regime will be the ACAS code of practice, and a draft Code of Practice on Disciplinary and Grievance Procedures ("the Code") has recently been issued. The Code remains in draft form at the moment but provides an insight into how matters of discipline and grievance may be dealt with from April 2009.

The current draft of the Code provides that:

> Redundancy dismissals or those brought about due to the expiry of a fixed term contract will fall outside of the scope of the Code.

> Both parties will be encouraged to use independent third parties (including external mediators) to resolve disputes.

> Employees will be expected to behave consistently and reasonably in their dealings with employers under the Code.

> When developing disciplinary and grievance procedures, employees (or their representatives) should be involved.

> Employees and managers must understand what the procedures are, where they can be found, and how they are used.

> A failure by the Employer to follow the Code can result in an increase to compensation awarded of 25%. A failure by the Employee to follow the Code can result in a decrease to compensation awarded of 25%.

> Employees that wish to raises grievances should do so by setting out the nature of their grievance in writing.

> Where an employee raises a grievance during a disciplinary process the disciplinary process may be suspended in order that the grievance can be dealt with.

A copy of the Code can be found here.