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Thompsons ERU

Thompsons ERU. Statutory Grievance and Disciplinary and Dismissals – Case Law Review. 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.

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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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