Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawSupplier News

Lawyer welcomes rethink of labyrinthine statutory disciplinary and grievance procedures

by Personnel Today 6 Feb 2009
by Personnel Today 6 Feb 2009

One of Lancashire’s top employment lawyers has welcomed the removal of the ill fated compulsory statutory disciplinary and grievance procedures, which have been in force since October 2004.  These procedures will be abolished on 6th  April 2009 in favour of a new ACAS Code of Practice. One of the key effects of the new code is that the employer’s failure to follow the code will not result in a finding of automatic unfair dismissal.

David Southern, Partner at Marsden Rawsthorn believes the change is good news for employers. “The current statutory disciplinary and grievance procedures are so complex that businesses with finite resources often fall foul of the current law simply because they do not have the legal expertise or time to devote to its labyrinthine nature. The new code reintroduces many of the positive attributes of previous procedures in terms of simplicity and clarity.”

Southern also believes that we may also see a levelling off in the number of cases going to tribunal as a result of the changes. “The current procedures encourage employees to pursue a case all the way to tribunal if they can demonstrate a failure to follow the statutory procedure regardless of the  merits of the dismissal itself, since a failure in procedure renders the dismissal automatically unfair. I believe that the new code will discourage this tactic.”

 

 

 


 

Personnel Today
Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
On the move: Luc Vanden Broeck, Laura Whyte and Joy Watkins
next post
Brilliant Negotiations

You may also like

Examiner was worker, not self-employed, finds tribunal

30 May 2023

Holiday pay changes: how entitlement will be simplified

26 May 2023

Bank holidays: six things employers need to know

26 May 2023

Non-compete clauses and proposed limits on their duration

12 May 2023

How are working time records changing in the...

12 May 2023

Changes to working time, TUPE and non-competes announced

10 May 2023

Government urged not to backtrack on Worker Protection...

2 May 2023

EU law bill set to stall as unions...

28 Apr 2023

High Court halts full nurses’ strike

27 Apr 2023

House of Lords setback for Strikes Bill

27 Apr 2023

  • The HR Bundle: Your one-stop guide to building a successful global HR Department PROMOTED | Get your hands on Deel’s free HR bundle...Read more
  • The Benefits of an Employee Assistance Programme PROMOTED | EAPs support employees in a range of ways...Read more
  • Intergenerational working and how to manage up and down the generations PROMOTED | The benefits and challenges of intergenerational workplaces...Read more
  • Bereavement in the workplace: How training can help HR get it right PROMOTED | HR professionals play an essential role...Read more
  • UK workforce mental wellbeing needs PROMOTED | The mental wellbeing support employers are providing misses the mark...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+