New Rules for Disciplining Employees

On 1st October 2004, new Dispute Resolution Regulations came into force. The purpose of the Regulations is to encourage employers and employees to resolve disputes in the workplace so that the need for employment tribunal claims is reduced.

The Regulations introduce a statutory discipline procedure which both employer and employee must follow. Failure by an employer to follow the procedure set out is likely to result in an increase in the award made at Tribunal. The basic procedure set out by the Regulations involves three distinct requirements:

1. The employer must write to the employee setting out details of the alleged behaviour and inviting the employee to attend a meeting;
2. A meeting must be held before the employer makes any decision;
3. The Employee must be informed of the right of appeal.

The Regulations require to be read in conjunction with the new ACAS Code of Practice on Disciplinary and Grievance Procedure which can be found at www.acas.gov.uk.

FOR FURTHER INFORMATION PLEASE CONTACT: ALISON GOW

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