1 / 11

Thompsons ERU

Thompsons ERU. Statutory Grievance and Disciplinary and Dismissals – Case Law Review. New ACAS Code of Practice Transitional Provisions If employer has contemplated dismissing or taking relevant disciplinary action before 6 April 2009 current regime applies. Introduction.

creola
Download Presentation

Thompsons ERU

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Thompsons ERU Statutory Grievance and Disciplinary and Dismissals – Case Law Review

  2. New ACAS Code of Practice Transitional Provisions If employer has contemplated dismissing or taking relevant disciplinary action before 6 April 2009 current regime applies Introduction

  3. If action giving rise to a grievance occurs before 6 April 2009 current regime applies If action giving rise to a grievance starts on or before 5 April 2009 but continues beyond that date and employee presents claim or grievance before 4 July 2009 (4 October 2009 in equal pay and redundancy ) current regime applies. The Transitional Provisions

  4. Definition – A complaint by an employee about action an employer has taken or is contemplating taking in relation to him”-Reg 2(1) Dispute Resolution Regs 2004 Grievances are concerns, problems or complaints that employees raise with their employers – ACAS Code of Practice What is a grievance?

  5. What form should a grievance take? Resignation letter – Shergold Letter before action- Mark Warner An appeal letter – Lambeth LBC An “informal” grievance - Procek Grievances

  6. What should be included? It “must relate to the subsequent claim and the claim must relate to the earlier grievance” – Shergold In context – Serco Group Not generalised complaints – Canary Wharf All the grounds – Lambrou Grievances

  7. Who can lodge a grievance? A letter written by the employer for the employee – Kennedy Scott Ltd Trade union rep What about collective grievances? Grievances

  8. The grievance must be extant – Canary Wharf Constructive dismissal claims – HM Prison Service Continuing acts – Smith Overlap with dismissals – Lawrence Grievances - Timing

  9. Similar approach to statement of grounds for action as for SGP’s – Draper The issue should be set out in broad terms - Alexander What about fresh evidence? - Premier Foods and Silman Step 2 meeting – Alexander Disciplinaries and Dismissals

  10. Reasonableness Delay Uplift in awards General requirements

  11. Conclusion Will the case law continue to be relevant?

More Related