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New Disciplinary and Grievance Code - When do I start to use it?
The revised Acas Code of Practice on Disciplinary and Grievance Procedures comes into effect in on 6th April 2009, and will replace the statutory dismissal and grievance procedures. This date is very important in deciding whether disputes should be dealt with under the existing regulations or the new code.
The key to working out which regime to use is to look at the trigger event. This might be the date when an employer sends the letter inviting the employee to a meeting to address a problem or in the case of a grievance this will be the date of the action which the employee has a grievance about.
If the trigger event takes place on or before the 5th April 2009, then the existing process will apply. Where the event takes place on or after the 6th April 2009, then the new code will apply. There are still likely to be disputes about which one is appropriate, so if in doubt seek advice.
All employers should review their disciplinary and grievance procedures to ensure that they comply with the new Code. If you need help to update your employee handbook to meet the new requirements, get in touch to book a review.
The key to working out which regime to use is to look at the trigger event. This might be the date when an employer sends the letter inviting the employee to a meeting to address a problem or in the case of a grievance this will be the date of the action which the employee has a grievance about.
If the trigger event takes place on or before the 5th April 2009, then the existing process will apply. Where the event takes place on or after the 6th April 2009, then the new code will apply. There are still likely to be disputes about which one is appropriate, so if in doubt seek advice.
All employers should review their disciplinary and grievance procedures to ensure that they comply with the new Code. If you need help to update your employee handbook to meet the new requirements, get in touch to book a review.
5 Comments
Posted on 11 Feb 2009 by helen
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