Statutory disciplinary and dismissal procedures and grievance procedure - Transitional provisions

30 September 2004

As everyone knows, the Employment Act 2002 (Dispute Resolution) Regulations 2004 come into force this Friday, 1 October. Many people are so pre-occupied by getting to grips with the new dispute resolution procedures that it is easy to overlook how they will apply to disputes that arise in the workplace around the time of implementation. Here is a summary of the transitional provisions which we hope you will find useful.

The new Regulations apply to: 

• dismissal 
• demotion or suspension without pay (subject to a contractual right to do so)
   
  where the employer first contemplates dismissing or taking action such as demoting or suspending an employee without pay on or after 1 October. 
  
  
• grievances, where the employee complains (on or after 1st October) of an action which occurs on or continues on or after 1 October. 

The new Regulations do not apply:

• where the employer contemplates or takes disciplinary action, such as an oral or written warning, which 
  »     does not include a dismissal 
  »     does not include demotion or suspension without pay
  
  
•  where an employee has raised a grievance with the employer before 1 October about an action, even if that action continues after the Regulations come into force.