New Employment Act welcomed - to an extent
Today is an important date for employers as the new Employment Act 2008 comes into force.
This repeals statutory procedures for handling discipline and grievance issues that have applied since 2004.
The new legislation encourages use of the Advisory, Conciliation and Arbitration Service (ACAS) code of practice, lifting a current legal requirement to deal with discipline and grievance issues in a fixed way.
Instead the emphasis is on early resolution of workplace disputes in the workplace and encouraging the use of mediation.
The HR Dept provides services and support to thousands of small and medium-sized businesses, and considers the changes an improvement to the current situation.
But it does not believe the legislation signals a 'new dawn' for dispute resolution as has been heralded, and is concerned the change in emphasis is unlikely to reduce the number of cases reaching tribunal.
While severe sanctions for failing to slavishly follow the three-step procedure for dismissing an employee are removed, tribunals still have discretion to increase compensation awarded to employees by up to 25% if they feel the ACAS code of practice was unreasonably breached.
Managing Director of The HR Dept, Sue Tumelty, said: "Changes to statutory procedures for handling discipline and grievance issues were badly needed. These were hugely hyped when introduced in 2004 as being the way forward in reducing tribunal claims, but it was a nightmare and tribunal claims instead rose by more than a third.
"The code of practice is an improvement but if people think it will reduce the number of people going to tribunal, they'll be disappointed."
Below, the company answers a number of key questions regarding this week's legislation changes.
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Weather for Wigan
Friday 10 February 2012
Today
Light snow
Temperature: -6 C to 2 C
Wind Speed: 17 mph
Wind direction: South east
Tomorrow
Sunny spells
Temperature: -1 C to 2 C
Wind Speed: 6 mph
Wind direction: South
