Articles
Did You Forget 1st October 2004?
You may be wondering what it is that you missed on this date. Was it a birthday, an anniversary, or to vote in some important election? In fact, it is none of these, but the date is important for all businesses. This is the date on which the Employment Act 2002 (Dispute Resolution) Regulations came into force. These regulations were set out in the 2002 Act, but their implementation was delayed until October 2004. In essence, they provide statutory requirements for grievance and disciplinary procedures, the alleged aim being to attempt at resolution of disputes within the workplace. Save in particular circumstances, all employees will have access to a minimum format of dispute resolution before they are dismissed, the sting in the tail being, if the procedures are not followed, employers are liable to find any award payable to the employee being increased by up to 50% and may face an automatic finding of dismissal. The positive side from the employer’s point of view is that if employees pursue complaints without resorting to the procedure, they also have the risk of their rewards being reduced by a similar percentage, or even being denied access to the tribunals at all.
In the event that your grievance and disciplinary procedures do not meet the standard regulations, they should be amended, but employers and indeed employees must be aware of the import of the resolution as they will have a major effect on dealing with workplace disputes, and the question of awards arising from the same.