Statutory Disciplinary and Grievance Procedures

This Supplement looks at the important new dismissal, disciplinary and grievance procedures that came into effect on 1 October 2004. The new rules bring about substantial changes to the law on unfair dismissal and the admissibility of tribunal claims and seek to ensure that no major decisions affecting an employee's employment are made without basic procedural steps having first taken place.

This Supplement examines the content of the new procedures and considers how they will be enforced and how they fit into the general scheme of employment law. It is set out as follows:

• Chapter 1 sets out the new statutory dismissal and disciplinary procedures (DDPs) and explains the circumstances in which they apply.
• Chapter 2 looks at the new statutory grievance procedures (GPs) and considers the situations in which both the DDPs and the GPs will apply. This chapter also looks at the relationship between the new GPs and the whistleblowing provisions contained in the Employment Rights Act 1996.
• Chapter 3 is concerned with the existing right of workers to be accompanied at disciplinary or grievance hearings contained in the Employment Relations Act 1999 and how this right applies under the new GPs
• Chapter 4 examines the effect of the new DDPs on unfair dismissal law
• Chapter 5 considers the question of admissibility of tribunal claims where the new GPs have not been complied with
• Chapter 6 looks at the changes made to the rules governing the time limits for bringing tribunal claims
• Chapter 7 focuses on the new rules governing the calculation of tribunal awards where an applicable statutory procedure has not been followed.

The law is stated as at 1 October 2004.