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From April 2009, the way in which organisations deal with disputes at work will change. Subject to the completion of the parliamentary process, on 6 April 2009 the Employment Act 2002 (Dispute Resolution) Regulations 2004 will be replaced by a simpler and less prescriptive system. It will no longer be essential to follow the existing three-step procedure for dealing with discipline and grievance issues. Employment tribunals will decide cases on the basis of what is 'fair and reasonable' and a revised Acas Code of Practice and non-statutory guidance on disciplinary and grievance procedures will establish the principles of what an employer and employee should do. Employees and employers will have greater flexibility to deal with workplace discipline and grievance issues in a way which suits them best. The Government is investing up to £37m in additional resources for Acas, the employment relations service, to provide an enhanced helpline with extended opening hours and to offer employers and employees early conciliation for problems which are potential employment tribunal claims. Further guidance and information
BackgroundIn March 2007 the Government published the outcome of an independent review of the employment dispute resolution system in Great Britain, led by Michael Gibbons. The Government welcomed the Gibbons Review and published 'Resolving disputes in the Workplace - A consultation' setting out measures for taking the Gibbons Review forward. Responses to the consultation enabled the Government to identify key legislative reforms for inclusion in the Employment Bill. This provides for the complete repeal of the statutory dispute procedures. It also provides for repeal of the existing law on the role of procedure in unfair dismissal. The Bill is subject to parliamentary consideration and depending on the outcome of that process the Government hopes that repeal will take place in April 2009. Last reviewed 21 Nov 2008 |
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