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?