New Code of Practice on disciplinary and grievance procedures
The Labour Relations Agency has published a new Code of Practice on disciplinary and grievance procedures which came into effect on 3rd April 2011. This replacesthe previous Code which came into effect in April 2005.
This Code provides for the repeal of the existing statutory workplace grievance procedures which came into operation in 2005 however the statutory requirements regarding dismissal and discipline, also introduced in 2005, remain unchanged.
Most employers will have procedures in place which comply the existing statutory workplace grievance procedures so only minor amendments may be required.
The Code differs from the position in GB where the statutory grievance and dismissal and disciplinary procedures were both repealed.
The LRA Code provides practical guidance to employers, workers and their representatives on the legal requirements relating to disciplinary and dismissal issues and good employment practice in dealing with grievance issues
Employers and employees should be aware that failure to follow any aspect of the statutory dismissal and disciplinary procedure will result in an industrial tribunal award being adjusted to reflect this failure.
With reference to grievances, an industrial tribunal can take into account an unreasonable failure to follow the grievance aspects of this Code and may financially penalise the employer or the employee.
to download the Code click on the following link
Code of practice -disciplinary and grievance procedures - 3rd April 2011
