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Disciplinary and Grievance Meetings

Disciplinary and Grievance Meetings

Disciplinary procedures are used by employers where there is alleged misconduct or poor performance by an employee. Grievance procedures are provided for employees with issues that they wish to bring to attention of their employer.

The former statutory dispute resolution procedures were repealed from 6th April 2009. They have been replaced by a semi-voluntary ACAS Code of Practice. The purpose of the Code is to provide the basic rules of fairness in procedure to disciplinary and grievance procedures. A tribunal is entitled to refer to the Code when considering whether a dismissal was fair or otherwise.

Under the new regime a tribunal must take the new Code into account when considering remedies in relevant cases. Tribunals are able to increase or decrease awards by up to 25 per cent where there is an unreasonable failure by either party to comply with any provision of the Code. There is no provision for a dismissal to be automatically unfair if the Code of Practice is not followed.

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Regents Solicitors

Devonshire House
36 George Street
Manchester
Greater ManchesterM1 4HA