Local employers have had 18 months to get used to the new regulations governing disciplinary and grievance procedures, but they are still falling foul of the law, according to local employment law specialists martin searle solicitors. The firm works with both employees and employers across the south. While this lapse in employers’ knowledge is increasing the firm’s employee clients’ awards, it is worrying that local businesses have not familiarised themselves with these procedures
The regulations, which came into force on October 1, 2004, introduced statutory minimum disciplinary, dismissal and grievance procedures. The aim was to encourage more disputes to be resolved without the cost and delay of going to an Employment Tribunal.
Employers who fail to follow these statutory procedures face Employment Tribunal compensation awards against them being increased by between 10 per cent and 50 per cent and an automatic finding of unfair dismissal.
martin searle solicitors‘ employment law director Fiona Martin says: “The new dispute procedures are the most important area of employment law that employers are having to grapple with on a day to day basis. They do need to know how to discipline, dismiss and hold a grievance hearing so that their actions cannot be criticised. Sadly our experience is that many of them are still getting this wrong.
“We’re currently involved on the employee side in a number of cases that illustrate the financial penalties of this failure. We most recently won a case where the employee was awarded a 50 per cent mark up in the Brighton tribunal in relation to non-completion of the dismissal and grievance procedures – she won an additional £12,000 and her total award exceeded £35,000.”
However, despite the evidence suggesting that employers are not meeting their obligations under the new dispute procedures, martin searle solicitors‘ employment law team is seeing a growing number of employers looking for help and advice in this area. “The key is to seek help before you have a problem, not wait until it’s too late,” Fiona says.
martin searle solicitors is running a FREE three-hour employment law workshop in Brighton on Friday, June 9, 2006 for employers and HR managers who want to get up to speed with the new regulations. To register for a place visit www.ms-solicitors.co.uk or call 01273 609911.
