The Employment Act 2008 became law in April 2009 . The main changes are:-
1. Failure to observe the statutory procedures no longer makes a dismissal automatically unfair.
2. Failure to raise formal grievance with ones employer will no longer automatically preclude an employees application to an employment tribunal.
3. Employment tribunals will lose the power to increase or decrease awards up to 50% and to extend time limits.
4. Other provisions including the national minimum wage are designed to simplify and strengthen the regime of enforcement and penalties whilst clarifying how the legislation should be applied to voluntary work.
All existing disciplinary actions would be completed under the previous sytem, whilst new disputes should be handled in accordance with the new ACAS Code of Practice that has been drawn up.
All employers can access the new statutory Code of Practice of disciplinary grievances which is available on line at www.acas.gov.uk and it is very much in employers interests that they follow this procedure as tribunals will have the power to increase awards by up to 25% where they have failed to follow the new guidance.
The above is repeated courtesy of DAS Legal Expenses Insurance Co. Ltd with whom Bradshaw Bennett can arrange any form of legal expenses insurance should it be required. This will include 24/365 helpline for employer/employee disputes together with the cost of defending at a tribunal and payment of any compensation awards up to the limit selected.