Dismissal and Grievance Procedures

Framing and Operating Procedures to Meet Current Rules

Publication Date	June 2001
Publisher	Thorogood Publishing
Product Type	Book
Pages	130
ISBN Number	1 85418 376 1
Product Code	TGD00011

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Summary

This report explains what all the regulations say and what steps you need to take to operate effective dismissal, disciplinary and grievance procedures. It covers all the requirements of the new Disputes Resolution Procedures that came into effect in October 2004. It tells you where and when the regulations apply - and what you need to do.

How can this report will help you avoid severe penalties:

1. How to draft disciplinary rules that suit your particular type of business
2. The precise disciplinary procedures to follow
3. The new ACAS Code of Practice on Discipline
4. How to protect yourself from claims of unfair dismissal
5. The importance of warnings, verbal and written
6. How to avoid claims for Constructive and Wrongful Dismissal
7. Model procedures for handling grievances
8. Management training in defending discrimination claims
9. AND how employers can use the regulations to their advantage

Content

Introduction
The Legislation
- A brief history of unfair dismissal legislation and
- employment tribunals
- Summary of changes introduced by the Employment Act 2002
- The standard three step disciplinary disputes procedure
- The modi?ed disciplinary procedure
- Default judgments
- Case management
- ACAS conciliation
- Directions hearings
- Costs
Contracts of Employment
- Contracts of employment: an introduction
- The tests of employment
- Forming the contract
- Formalities
- Contracts: the four elements
- The Employment Rights Act S1 -
- 'written statement of particulars'
- Changing the terms of a contract of employment
- Summary
Disciplinary Rules
- Disciplinary rules: an introduction
- Drafting the rules
- Health and safety rules
- Communicating the disciplinary rules
Disciplinary Procedures
- Disciplinary procedures and the law
- Modi?ed disciplinary procedures and gross misconduct
- The ACAS guide to disciplinary procedures
- Special situations
- Summary
Disciplinary Procedures Step-by-Step
- Investigation
- Informal disciplinary action
- Formal disciplinary action
- Invitations to a meeting
- Provision of evidence
- The right to be accompanied
- The disciplinary meeting
- Handling disciplinary meetings
- Records of disciplinary meetings
Disciplinary Sanctions
- Disciplinary sanctions and warnings
- Poor performance issues - capability
- Sickness, lateness and absence
- Misconduct and gross misconduct
Ending Employment
- How employment can end
- Resignation
- Termination by mutual agreement
- Compromise agreements
- Requirements of a compromise agreement
- Independence of adviser
- The conclusion of a ?xed term contract
- Dismissals with notice and summary dismissals
- Capability dismissals
- Skill and aptitude
- Ill health dismissals
- Quali?cation dismissals
- Conduct dismissals
- Redundancy dismissals
Grievances
- Grievances: an introduction
- The standard 'three step' grievance procedure
- De?nition of a grievance
- The 'modi?ed' two step grievance procedure
- Overlapping disputes
- Grievance procedures and their impact on employment tribunal
- applications
Appeals
- The right of appeal
Appendices
- Appendix I
- Example of disciplinary rules and procedure
- Appendix II
- Example of a grievance procedure
- Appendix III Example of a complaints procedure dealing
- with harassment or bullying