Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employee relationsDispute resolution

Old and new dispute resolution rules: legal dilemma

by Personnel Today 25 Feb 2009
by Personnel Today 25 Feb 2009

Q I have just heard that on the 6 April the statutory dispute resolution procedures will change. I may need to dismiss an employee towards the end of March or beginning of April. Would we have to put these procedures into effect or stick with the Employment Act 2002 (Dispute Resolution)? Could the employee in question, should he become aware of the changes, ask for his case to be stayed until after 6 April?

A You are right that the statutory dispute resolution procedures under the Employment Act 2008 will be repealed on 5 April 2009. They will be replaced by a new Acas Code of Practice on Discipline and Grievance Procedures. The code provides for non-compulsory uplifts and reductions to tribunal awards. Under the code, tribunals are entitled to order an uplift of up to 25% where the employer is responsible for a failure to follow the code and a reduction of 25% where the employee is responsible for a failure.

Major changes in employment law are often accompanied by transitional provisions dealing with cases that, for example, are ongoing when the changes take effect. In this case of the repeal of the statutory dispute resolution procedures, the transitional provisions confirm that the ‘old’ three-stage disciplinary procedure will apply in cases where, on or before 5 April 2009, an employer has done one or more of the following: disciplined or dismissed an employee sent an employee a step-one letter or held a step-two meeting.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

The step-one letter is the document in which the employer is required to “set out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead him to contemplate dismissing or taking disciplinary action against the employee”. Therefore, in your case, if you want to make sure the case falls to be dealt with under the ‘old’ three-stage disciplinary procedure you can do this by sending the employee the step-one letter in good time prior to the date that the law changes. Provided you have done so, if the employee requests a stay of the other stages of disciplinary procedure until on or after 6 April 2009 and you agree, this will make no difference â€“ the ‘old’ three-stage disciplinary procedure will continue to apply.

David Brown, associate, Simpson Millar

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
Consultation launched on recession threat to equal opportunities
next post
Working long hours damages brain function

You may also like

‘Polygamous working’ is a minefield for HR

14 May 2025

Ofgem workers ballot for strike action

2 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

Acas hosts talks to end Birmingham bin strike

1 May 2025

Four ways HR can maintain trust in uncertain...

23 Apr 2025

Uber drivers experience ‘false autonomy’ over work

16 Apr 2025

Birmingham bin strike to continue as ‘totally inadequate’...

15 Apr 2025

Government ministers weigh in on Birmingham bin strike

3 Apr 2025

Trump orders closure of US mediation body in...

27 Mar 2025

Redefining employee relations for the future of work...

27 Mar 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...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 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+