The Government has set out its final conclusions for the new mandatory dispute resolution procedures which come into force in October 2004.
Failure by an employer to follow the mandatory disciplinary procedures will render a dismissal automatically unfair and lead to an increase in compensation for employees. Failure by an employee to lodge a grievance is likely to prevent an employee from bringing a tribunal claim.
Following last year’s consultation, the Government has decided that:
- The disciplinary procedure will not apply to oral or written warnings.
- The ‘modified procedure’ will apply only in a very small sub-set of gross misconduct cases.
- A formal definition of ‘grievance’ will be introduced: “a complaint by an employee about action which his employer has or is contemplating taking in relation to him.”
- An extension will be introduced to the 3-month time limit for unfair dismissal claims, where the employee has reasonable grounds for believing a disciplinary procedure is still ongoing when the 3-month limit expires.
View the full document: Dispute Resolution Regulations: Government Response to Public Consultation
View the legislation: The Employment Act 2002 (Dispute Resolution) Regulations 2004
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