- Update/Intermediate *6 hours CPD
Amongst almost all practitioners, it is agreed that the Dispute Resolution procedures have not worked. In recognition of this, the course will consider the radical changes that are happening.
This course will also review pre existing procedures employers should follow when managing discipline and grievance issues, and will also focus on the problems practitioners have encountered in interpreting the legislation and frequently asked questions from clients on difficulties encountered in practice.
Delegates will be given the opportunity to share their own experiences and have their particular questions answered.
- The repeal of the 3 step statutory Dispute Resolution procedures
- The impact of the Gibbons review into the procedures
- New approach by employment tribunals
- Implementation of the NEW Employment Bill
- New draft Acas Code of Practice on discipline and grievance and Acas guidance
- Relevance of Code of Practice in the future abolition of s98A(2), Polkey rules and the return to strict procedural adherence
- New tribunal remedies for not acting reasonably
- Future uplifts to compensation awards
- Disciplinary issues - Discipline or performance - getting the diagnosis right. The right to be accompanied - who can accompany and to which meetings? The use of suspension. Collating and disclosing evidence. Appeal hearings. Conduct committed outside employment.
- Grievance procedures - What is a "grievance"? What happens if a Tribunal claim is lodged whilst the employer's internal grievance procedure is being investigated? Where the employee's complaint is the fact that they have been disciplined or dismissed - must the statutory grievance procedure be followed? Grievances raised after termination of employment.
- Dealing with nightmare questions from clients - What if an employee raises a grievance during a disciplinary procedure? What can be done with anonymous informant evidence? Overlap with criminal proceedings - should the progression/outcome of a police investigation influence an employer's internal proceedings? The employee has not turned up for a hearing/is off with stress - what can be done?