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Employment Law Update (December 2008)

If you only make one New Year's resolution for 2009...

If you only make one New Year's resolution for 2009, put 6th April in your diary.

On this date, the procedures employers must follow when dealing with discipline and grievances will change.  There will be a change in the law abolishing the statutory dispute resolution procedures – which prescribed how dismissals and grievances were dealt with – and replacing them with a new ACAS Code of Practice which applies to the whole disciplinary and grievance process.

For Mentor clients, the changes will not affect your disciplinary and grievance policies, but it will be more important than ever that you take advice from us when considering any disciplinary action against an employee or dealing with an employee grievance.  This is because:

  • The changes apply to all disciplinary proceedings, not just to dismissals; and
  • The current rules – the statutory dispute resolution procedures – will continue to apply to cases during a transition period – and what rules apply will depend on when disciplinary action is considered or when the root cause of a grievance arises.

How Mentor will help

  • We will tell all clients about the changes when the final version has been published by the government;
  • Use our Telephone Advice Service in all cases where you are considering taking disciplinary action or if you receive a grievance from an employee.


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