Essentials of Disciplinaries and Grievances: Part 1

 

These notes are not a substitute for legal advice. Always seek legel advice for your specific circumstances.

 

The Legislation

You main reference point should be the Employment Act 2002 and the Employment Act 2002 (Dispute Resolution) Regulations 2004 (SI 2004/752).

For detailed information on these regulations you can visit DTI website at

* Go to the Department of Trade and Industry website

Further references include:

* Employment Rights Act 1996 as amended
* Employment Rights Dispute Resolution Act 1998
* Employment Relations Act 1999
* Employment Rights Act 2004.

 

Why it is important to follow the legislation:

Should you dismiss an employee without adhering to your statutory requirements then as the employer, if the failure can be attributed to you (or wholly attributed), you could expect that:

* Any dismissal is automatically unfair (subject to the usual qualifying conditions eg the 12 month qualifying period).
* The employee to receive at least 4 weeks' pay as compensation.
* That compensation could be increased by between 10 to 50 per cent.

 

What if the employee fails to meet his / her requirements?

# The employee could see their reward reduced by anything from 10 - 50 per cent.