Most employers will by now be aware of the impact of the Employment Act 2002 (Dispute Resolution) Regulations 2004 ("the Regulations"), which expanded upon the relevant provisions of the Employment Act 2002.

The Regulations should be read along with items such as the ACAS code of practice and relevant guidance from the Department of Trade & Industry. The procedures apply to any situation in which dismissal is contemplated and certain forms of disciplinary action which are short of dismissal. They are not limited to dismissals for misconduct.

The procedures which became effective on 1 October 2004, implemented:-

• Mandatory dismissal and disciplinary procedures
  If your business does not follow the procedures correctly any subsequent dismissal will be "automatically unfair" without any consideration as to the merits of your particular case.
• Mandatory grievance procedures
  If the procedures are not followed by an employee, the employee will usually be prevented from bringing a claim in the Employment Tribunal.
  Penalties for non-compliance with the disciplinary and grievance procedures

Where there has been a failure to comply with the procedures the Employment Tribunal must increase or reduce (depending on whether the offending party is the employer or employee) compensation by 10%. The Employment Tribunal may increase / reduce the compensation by up to 50% if it considers it appropriate.

Time limits
Where the mandatory procedures apply there are complex rules for extending the time limits within which to submit a claim. This can prove quite tricky for your business as it may receive Tribunal claims long after you had thought the limitation date had passed. In certain circumstances, time limits will be extended by 3 months.

tbi's Employment Team will be able to guide you through all of these procedures from drafting and implementation of the procedures to successfully defending an Employment Tribunal claim should it arise.

tbi's Employment Team will be able to draft appropriate correspondence for your use during the procedures and provide advice and assistance to you in dealing with disciplinary and grievance hearings.

Contact:

Joan Casson
jcasson@tbi.law.co.uk
01740 646012

tbi
12 Evolution
Wynyard Park
Wynyard
TS22 5TB