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The rules relating to disciplinary and grievance procedures changed substantially on 1 October 2004.
All employers (regardless of size) are now required to operate minimum statutory disciplinary and grievance procedures.

STATUTORY GRIEVANCE PROCEDURES

The introduction of the statutory grievance procedure means that employees will be prevented from presenting a claim in the Employment Tribunal if they have not complied with the procedure. In most cases the procedure is relatively straightforward. The employee must first write a 'stage 1 grievance letter' to the employer, the employer must then arrange for a meeting to take place so that the grievance can be explored in detail.

The final stage is for the employer to notify the employee of their right to appeal. Employees who fail to adhere to the statutory grievance procedure may find that the Employment Tribunal refuses to accept their claim and/or that any compensation that they are eventually rewarded is reduced by not less than 10% and not more than 50% to reflect that failure.

Similarly, if the Employer is responsible for the failure to apply such procedures and the employee in question goes on to make a claim such as constructive dismissal, unlawful deductions from wages, discrimination or any other claim within the Employment Tribunals' jurisdiction then compensation can be uplifted up to 50% and can prove enormously costly as a result.

HOW CAN WE HELP?

Whilst the statutory procedures themselves are relatively straightforward, the rules governing their applicability are complex. Many employers and employees become confused about when the procedures apply and how to interpret the new rules. We can advise you on the steps that you need to take in order to help you avoid potentially costly mistakes.

All employment law advice including on Disciplinary and Grievance Procedures is included in our Employer Packages -
Click here for full details (coming soon)

TEL: 0870 787 3688 - EMAIL: info@pinnaclepartnership.co.uk

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