Statutory Disciplinary And Grievance Procedures

In 2004, the Government introduced Statutory Disciplinary and Grievance Procedures. The idea, and it is a good one, was that disputes between employers and employees should be resolved within the workplace if at all possible.

The problem with the procedures in practice is that they don’t work. The number of claims being made to employment tribunals has not reduced. What has actually happened is that the cost to employers and employees in terms of money and time has increased.

To its credit, the Government has recognised that the statutory procedures don’t work. There is currently an ongoing consultation however, the likely result is that the statutory procedures are going to be scrapped. The likelihood is that they will be replaced with non-binding guidelines on how grievances, disciplinary issues and dismissals should be dealt with. Employment Tribunals will then have the power to take into account an employer or employee’s behaviour, both good and bad, in making awards of compensation and deciding whether one party should pay the other side’s legal costs.

On a broader scale, there are also plans to simplify employment law without diluting employee or union rights.

Most will agree that this is a good move by the Government. Laws should be easy to understand and follow and should lead to sensible and fair decisions without astronomical legal costs.
If you feel that you can contribute to the consultation process you can do so by letter, fax or email.

For more information, go to www.dti.gov.uk/consultations/page38508.html.

The closing date of the consultation is 20 June 2007.

Published 04/04/2007.