The Employment Act 2008 came into force on 6 April 2009. At the same time, a new ACAS Statutory Code of Practice on Disciplinary and Grievance Procedures came into force. The aim is to encourage earlier dispute resolution, to reduce the emphasis on the mechanics of managing disciplinary issues, grievances and dismissals, and to increase the flexibility with which problems can addressed.
The new ACAS Code of Practice on disciplinary and grievance procedures which aims to define, or at least describe, what is “fair and reasonable”. Another change is that the former statutory duty to provide conciliation has been replaced by a discretionary power. The aim is to promote real discussion without compromising subsequent proceedings if they ensure despite the involvement of ACAS. ACAS can now be involved right through to judgment.
The new service covers only unfair dismissal and discrimination matters to begin with but will extend further in due course.
The web site of the Department for Business Enterprise & Regulatory Reform (BERR) has a page called Guidance on which legal provisions will apply which explains at some length how to decide whether a claim falls under the old regime or the new one. It is a matter of deciding what the “trigger” event was and when it occurred. ACAS has a page headed New workplace problem-solving process which describes the role given to ACAS under the new regime.
New Labour legislation does not have good form when you get away from the headlines and down to the details. In particular, anything which purports to simplify things tends to have the opposite effect – Home Information Packs and what was billed last year as a “relaxation” of planning requirements have both resulted in more bureaucracy and more expense with no obvious benefits for anyone except those paid to administer the results.
We are more optimistic about the Employment Act 2008 and the extended role for ACAS. It remains to be seen what will result.
If you need advice on employment matters, whether as an employee or employer, we will be pleased to help. We have a good track record of achieving compromsie agreements whether formally through mediation or otherwise. Contact Andrew Penfold or Felix Appelbe on 020 7242 7000 if you would like to talk through a problem or potential problem.
