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

Introduction New ACAS Code of Practice Transitional Provisions –If employer has contemplated dismissing or taking relevant disciplinary action before 6 April 2009 current regime applies

The Transitional Provisions 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.

What is a grievance? 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

Grievances What form should a grievance take? Resignation letter – Shergold Letter before action- Mark Warner An appeal letter – Lambeth LBC An “informal” grievance - Procek

Grievances 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 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 - Timing The grievance must be extant – Canary Wharf Constructive dismissal claims – HM Prison Service Continuing acts – Smith Overlap with dismissals – Lawrence

Disciplinaries and Dismissals 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

General requirements Reasonableness Delay Uplift in awards

Conclusion Will the case law continue to be relevant?