Research clinic: Dispute Resolution
 Does this mean I will have to draft new processes for my organisation?
 Organisations can continue to use the old statutory procedure if they wish. The aim of the new legislation however is to place less emphasis on the mechanics of how to manage disciplinary issues, grievances and dismissals and to provide more flexibility to resolve problems at an early stage and in a way that suits the employer best. The previous heavy penalties for not following the procedure have been removed.
Under the new system employers and employees will have to demonstrate a reasonable standard of behaviour in the resolution of disputes. Principles for that standard are set out in new ACAS Code of Practice:
- Establish the facts of each case
- Inform the employee of the problem
- Hold a meeting with the employee to discuss the problem
- Allow the employee to be accompanied at the meeting
- Decide on appropriate action
- Provide employees with an opportunity to appeal
Failure to follow the Code will not, in itself, render employers liable to proceedings or a finding of automatic unfair dismissal. However, Employment Tribunals will take it into account when considering relevant cases and will be able to adjust awards by up to 25% for unreasonable failure to comply with any provision of the Code.
Does the ACAS Code of Practice apply to workers?
The right to disciplinary and grievance procedures is a right accorded to employees rather than workers. However, under the MRS Quality Commitment, Company Partners are required to ensure that their field department has a dispute resolution and/or disciplinary procedure in place.
Employers should consider applying to the principles of the ACAS Code to their dealings with workers to ensure that disputes are resolved fairly and effectively and to avoid practices which could lead to claims of discrimination or victimisation.
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