EMPLOYERS FACE NEW HURDLE IN HANDLING DISMISSALS

New employment legislation requires employers to review internal grievance and disciplinary procedures to ensure compliance with standards Laytons (www.laytons.com), the national firm of solicitors, are today advising employers to review their grievance and disciplinary procedures, to
ensure compliance with new rules on the way workplace disputes are to be handled.

The Employment Act 2002, which became law at the beginning of July, introduces statutory dismissal and disciplinary procedures, as well as statutory grievance procedures. The procedures are a minimum requirement, and apply to all workplaces and all employees. One consequence for
employers, who fail to comply with the new statutory dismissal and disciplinary procedures, is liability under a new category of automatic unfair dismissal. The rules on unfair dismissal have been changed to allow
an employee to bring their claim within six months as opposed to three, and permit an employee to a minimum of four weeks pay where their dismissal is found to be unfair.

The new rules are intended to reduce the need for employers and employees to resort to tribunals to settle their differences, by encouraging communication and conciliation in the workplace. Written statements as to
grievances and/or misconduct claims, meetings to discuss the issues, and opportunities for appeal, are all part of the steps to help employers and employees resolve their disputes internally. The new procedures, even though
they may appear a little daunting in an already highly regulated business environment, are welcomed by Tim Randles, Head of Employment at Laytons Solicitors, Guildford.

Anything which promotes better dispute resolution in the workplace is preferable to the time and expense of Employment Tribunals, comments Tim Randles. This is in effect just another compliance hurdle for businesses,
onerous but not unachievable. It does however require a change in the mindset of line managers as more than ever they will have to focus on compliance aspects, as well as work and performance.

The changes are expected to come into force in 2003, but Randles''s advice to employers is to start making adjustments now.

Employers should start reviewing their internal procedures and contracts of employment as well as ensuring appropriate training is set up for managers.
Tribunals have already begun looking more closely at an employer''s procedures when considering cases, in anticipation of the changes coming into effect next year.