The Employment Act 2002, which received Royal Assent on The 8th July 2002, introduces a new statutory right to a disciplinary and dismissal procedure or a grievance procedure in the workplace. It is intended that the statutory procedures will be incorporated into the contract of employment and set down minimum standards that must be adhered to by all employers, regardless of their size. Failure to adhere to the procedures in the circumstances where a right to the statutory procedure exists will result in a finding of automatic unfair dismissal.
The Act itself is a framework, albeit a detailed one, which will be fleshed out by regulations. It is intended that the regulations will define when the statutory procedures apply and when they are completed.
The Employment Act 2002 is part of the wide-ranging overhaul of the entire approach to Employment Law and is a result of 2 consultation documents that were issued in 2001. The first of these was a report by Sir Andrew Legett, which looked at the operation of tribunals generally, and the second the Government's Consultation Document "Routes to Resolution." The central theme of both papers was that recourse to litigation is neither good for the individual, nor business. The Government intends to instigate some of their recommendations through a 2-pronged approach in reforming how grievances/disciplinary procedures operate in the workplace and how claims are handled in the Tribunals.
Some of the changes are detailed below:
• An implied contractual right to the statutory procedures
• New automatic unfair dismissal claim when statutory procedures have not been complied with
• Statutory fixed conciliation period during which no hearing will take place
• Cost penalty incurred if no or incomplete written particulars are provided
• Tribunal power to strike out claims at a pre-hearing review
• Tribunal power to award costs against representatives for the manner they have conducted proceedings
• Extending time limits to allow internal statutory procedures to be completed
The Employment Act 2002 also:
• Amends the statutory maternity leave provisions
• Creates a new statutory right to maternity and adoption pay
• Introduces a new right to request flexible working arrangements
• Provides time off for Trade Union Representatives
• Provides further protection fixed term employees
It is likely that the Department of Employment and Learning will consult on the implementing these rights in Northern Ireland. It is intended that the statutory maternity/ adoption pay rights and amendments to the maternity pay law will come into force in Northern Ireland by April 2003. The Department of Employment and Learning have confirmed that they will consult with all interested parties regarding statutory procedures/ tribunal reform and therefore it is difficult to say when these changes will come into force. Campbell Fitzpatrick would recommend that all Human Resource Advisors review their disciplinary and grievance procedures to ensure that they comply with the statutory disciplinary procedures as detailed in the Employment Act 2002. Clearly once these changes come into force, getting it wrong will be expensive to the business as it will result in an automatic unfair ruling.