Draft Code of Practice on Disciplinary and Grievance Procedures
The Labour Relations Agency (the Agency) has published, for consultation, a Draft Code of Practice on Disciplinary and Grievance Procedures
The Draft Code of Practice establishes good practice standards in disciplinary and grievance matters consistent with the policy intent behind the Employment (No. 2) Bill, which is currently being considered by the Northern Ireland Assembly. Article 1 of this Bill provides for the repeal of the statutory grievance procedures. The statutory dismissal and disciplinary procedures introduced in 2005 are set to remain in Northern Ireland.
The Draft Code of Practice reflects the proposed non-statutory approach to dealing with grievances in the workplace. The requirement to comply with the statutory procedures in respect of dismissal and disciplinary situations will remain.
The position in Northern Ireland with regard to statutory dismissal and disciplinary procedures will therefore differ from Great Britain where the statutory grievance, dismissal and disciplinary procedures were repealed in April 2009. Consequently, at Industrial Tribunals in Northern Ireland financial penalties for employers and employees will continue if minimum statutory dismissal and disciplinary procedures are not followed. Additionally, unreasonable failure to follow the Code of Practice may result in a further financial penalty. With reference to grievances, an Industrial Tribunal can take into account any unreasonable failure to follow the Code of Practice by either the employer or employee and thus may financially penalise the employer or the employee.
The new Code is intended to replace the current Agency Code of Practice on Disciplinary and Grievance Procedures published in April 2005. To augment the Code of Practice the Agency intends to publish an Advisory Guide to provide further guidance on aspects of the Code of Practice.
To download the Draft Code of Practice click on the following link
Draft Code of Practice on Disciplinary and Grievance Procedures
If you require a printed version, or if you require the document in an alternative format or language, please contact Bernie Palmer at bernie.palmer@lra.org.uk or telephone 028 9033 7411.
Public consultation on the draft Code of Practice will end on Friday 26th November 2010. Responses can be sent by post, e-mail or fax for the attention of
Paul Blease
Employment Relations Manager
Labour Relations Agency
2-8 Gordon Street
Belfast BT1 2LG.
Fax: 028 9033 0827
e-mail: paul.blease@lra.org.uk
The Agency may publish a summary of responses following completion of the consultation process. Your response, and all other responses to the consultation, may be disclosed on request. The Agency can only refuse to disclose information in exceptional circumstances. Before you submit your response please read the paragraphs below on the confidentiality of consultations which give guidance on the legal position about information given by you in response to this consultation.
The Freedom of Information Act 2000 gives the public a right of access to any information held by a public authority, in this case, the Agency. This right of access to information includes such information provided in response to a consultation. The Agency cannot automatically consider as confidential information supplied to it in response to a consultation. However, it does have the responsibility to decide whether any information provided by you in response to this consultation, including information about your identity, should be made public or be treated as confidential.
This means that information provided by you in response to the consultation is unlikely to be treated as confidential, except in very particular circumstances.
For further information about confidentiality of responses, please contact the Information Commissioner’s Office (or see website at:
