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Thompsons ERU

Stay updated with the latest case law on statutory grievance, disciplinary actions, and dismissals. Understand the new ACAS Code of Practice and transitional provisions. Learn about grievances, appeals, and key considerations in disciplinary procedures.

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Thompsons ERU

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  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?

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