resolving employment disputes
best practice and UK legislation affecting employees and employers for resolving disputes in employment
The ACAS (Advisory, Conciliation and Arbitration Service) statutory Code of Practice on Discipline and Grievance is effective in the UK on 6 April 2009 and replaces the previous Disputes and Grievances Code issued in 2004.
Here's the excellent ACAS pdf guide to the new UK Code of Practice for Dispute and Grievance Resolution.
And the accompanying (huge and comprehensive) ACAS pdf guide to Discipline and Grievances at Work.
Here is a BERR pdf explanation about the reasons for and introduction of the new Code.
And a helpful BERR/ACAS/CIPD guide to Avoiding and Resolving Discipline and Grievance Issues at Work.
And further BERR information about the detailed workings of the new Dispute and Grievance Resolution Rules.
Full details of the current law and interpretations are on the BERR website (UK Government Department for Business Enterprise and Regulatory Reform): http://www.berr.gov.uk/employment/Resolving_disputes/
For further details contact ACAS - ACAS National Helpline (UK): 08457 474747.
basis of legislation relating to employment dispute resolution
The reasons for proper process in resolving employment disputes continue to apply, as ever:
Disputes at work are expensive, stressful and disruptive for employers and employees.
Early, constructive discussion can produce solutions before problems escalate and working relationships break down.
Here is an explanatory extract from the BERR website, as at March 2009:
"Dispute Resolution changes - From 6 April 2009, it is intended that the mandatory 'three-step' processes for disciplinary and dismissal procedures undertaken by an employer and for grievances raised by an employee will be repealed. The tribunal will consider the procedure that has been followed by the parties in dealing with the disciplinary matter or grievance. A revised statutory ACAS Code of Practice will set out the principles of what an employer and employee should do to achieve a reasonable standard of behaviour. The tribunal will consider whether a failure to follow the Code was unreasonable, taking into account factors such as the size of business, and will have discretion to adjust awards up or down between 0 and 25% in relation to either party. The Code will be supported by guidance which does not form part of the Code, but has been prepared by ACAS to help employers and employees understand the Code and how to reflect it in their procedures and behaviour. In addition to the provisions in the Employment Act 2008, the Government will be introducing other non legislative measures to improve and simplify employment dispute resolution. The Government is providing ACAS with additional funding over three years to boost its helpline service and its ability to offer early conciliation for problems which are potential employment tribunal claims. Both these services will be available from April 2009 and further detailed information on them will be available shortly. As a result of all these measures, employees and employers will have greater flexibility to deal with workplace discipline and grievance issues in a way which suits them best."
The new ACAS Code "... provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace. The Code does not apply to dismissals due to redundancy or the non-renewal of fixed term contracts on their expiry...."
Guidance on handling redundancies is contained quite separately in the (huge) ACAS pdf booklet on Redundancy Handling.
see also
- employment termination letters - guidelines and examples
- references letters - guidelines, examples and templates
- resignations letters - guidelines, examples and templates
- performance appraisals
- exit interviews
- pay rises
- curriculum vitaes (CVs) - examples and templates
- job interviews and job hunting
- process of change - (John Fisher model)
- fantasticat
- stress management
- self-belief
- self-confidence and assertiveness
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