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Pearson Hinchliffe partner, Michael Pitt, takes over as 2012 Oldham Law Association President.
MoreThe draft ACAS code of practice on discipline and grievance has been approved by the Secretary of State for Business, Enterprise and Regulatory Reform.
The code will now be placed before Parliament for final approval before coming into force in April 2009. The revised code, which replaces the, much maligned, statutory dispute resolution procedures, draws on the Gibbons Review of employment dispute resolution and public consultation by ACAS earlier in the year.
When the new code is in force, unlike under the current statutory grievance and disciplinary procedures, employees will no longer be barred from lodging an Employment Tribunal claim without first raising a grievance; and an employer's failure to follow the code will not result in a finding of automatic unfair dismissal.
Nevertheless, tribunals will be able to adjust any award by up to 25 percent for unreasonable failure to comply with any provision of the code. As a result of consultation, the current version of the code requires both employees and employers to act consistently and deal with the issues promptly and without unreasonable delay.
Pearson Hinchliffe Commercial Law’s employment department head, Michael Pitt, commented, “The new code is an important part of the government's plans to streamline the current system, by encouraging disputes to be handled internally, thereby saving money and time. Having taken into account the consultation process, in this revised code ACAS has certainly delivered a shorter and simpler document; and that seems to be a sensible move forward.”
In most respects the procedure envisaged by the code remains similar to that operated under the statutory grievance and disciplinary procedures with a written stage, followed by a meeting and a chance to appeal.
Further information:
http://www.acas.org.uk/CHttpHandler.ashx?id=961&p=0
Source: Acas, 11/11/2008
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Pearson Hinchliffe partner, Michael Pitt, takes over as 2012 Oldham Law Association President.
MoreCompanies of all shapes and sizes have been asked for their views on how to tackle unnecessary bureaucracy in company and commercial law.
MoreFrom 6 April 2012 the qualifying period of service for making a claim increases from one to two years.
MoreAnnual revision of employment tribunal award limits and other amounts payable under employment legislation.
MoreGovernment plans to slash health and safety red tape will mean substantial savings for small firms, business groups have said.
MoreThe Upper Tier Tribunal holds 1,700 ‘leaders’ at Weight Watchers were employees for tax purposes.
MoreA recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
Download the guidance covering arrangements for holidays and holiday pay.
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The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
On 3 February 2010 Corporate Commercial partner Roger Hinchliffe delivered a presentation entitled, ‘Joint Ventures’ to the Oldham Construction Sector group.
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