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Grievance Guidance

The DTI has published guidelines on the new dispute, dismissal and grievance regulations due to come into force on 1st October 2005. The new rules employers large and small will have to follow:

 

 

Standard 3-step process which will be seen as the minimum all employers should have in place:

  1. write a letter explaining the issue.
  2. hold meeting to discuss
  3. have appeal meeting if required

With extended reach ie will no longer just apply to dismissals on grounds of conduct or capability, but (with few exceptions) to all dismissals, eg ‘dismissals’ that consist of non-renewal of a fixed term contract

To be followed in spirit ie employers must show they’ve been ‘reasonable’, not just that they’ve stuck to the rules

With a few exceptions employers won’t be expected to follow the process if:

  • one party is violent or abusive
  • there are factors beyond employers control eg illness

The (good?) news is that employees will not be exempt – they won’t be able to make claims to employment tribunals about a grievance unless they’ve previously raised a formal grievance at work.

Acorn's tip : remember the new three-step process will be seen as a minimum.

For more information view the DTI website www.dti.gov.uk

 

 

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