As of 6th April 2009, the Statutory Dismissal, Disciplinary and Grievance Procedure was replaced with the new Acas Code of Practice on Discipline and Grievance. Employers should ensure they ollow the new code carefully or risk falling foul of the financial penalties.
The new code sets out clearly the steps that an employer must take when dealing with issues concerning and disciplinary matter or grievance.
The code must be followed at all times, even in cases where employers simply issue an employee with a verbal or written warning. Failure to do so means that if a claim is brought against you in an Employment Tribunal, the Tribunal will have the power to increase any award made by upto 25%.
On a more positive note, employees will no longer be ale to successfully bring a claim of automatic unfair dismissal purely as a result of an employers failure to follow the statutory process. This does not mean however that no process need be followed as Tribunals will still be able to decide that a dismissal is unfair if a proper and reasonable procedure has not ben followed.
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