With the demise of the statutory disciplinary and grievance procedures last year and the introduction of the new ACAS Code of Practice did we think the way we deal with discipline and grievance would change dramatically.
In fact things would remain very much the same except that the new code has confirmed that performance issues should be dealt with through a capability procedure unless the poor performance resulted from misconduct.
Additionally the new Code did not cover redundancy so employers would be well advised to establish a procedure to deal with this subject.
So in 2010 employers in order to manage employment issues and avoid claims for unfair dismissal including mismanaged redundancies, discrimination claims etc should ensure that they have the following in place that comply with the requirements of the ACAS Code, legislation and case law:
• Disciplinary procedures
• Capability procedures
• Grievance procedures
• Redundancy procedures
• Equal Opportunities policy
• Harassment and bullying procedures
In fact things would remain very much the same except that the new code has confirmed that performance issues should be dealt with through a capability procedure unless the poor performance resulted from misconduct.
Additionally the new Code did not cover redundancy so employers would be well advised to establish a procedure to deal with this subject.
So in 2010 employers in order to manage employment issues and avoid claims for unfair dismissal including mismanaged redundancies, discrimination claims etc should ensure that they have the following in place that comply with the requirements of the ACAS Code, legislation and case law:
• Disciplinary procedures
• Capability procedures
• Grievance procedures
• Redundancy procedures
• Equal Opportunities policy
• Harassment and bullying procedures