The following is a summary of the key changes which occurred on 6th April 2009.
Abolition of Statutory Dismissal and Grievance Procedures
The Statutory Dismissal and Grievance Procedures have finally been axed. The Procedures created many arguments for lawyers to fight over and instead of meeting its objective of reducing litigation, actually resulted in a third increase in litigation in the period it was in force. Few employers will be sad to see the back of the Procedures, but before you set the Champagne corks popping.
New Acas Code on Disciplinary and Grievance Procedures
This Code replaces the above Statutory Procedures, but is quite short and available to download on the Acas website. Whilst the Code is not mandatory in every case, if the procedures are unreasonably breached, tribunal awards can be adjusted by up to 25%. The procedures do not in fact differ too much to the old statutory procedures, but one example of a change is that it is now necessary for employers to actually inform employees of their right to be accompanied at disciplinary and grievance meetings- and if the employer fails to do so, it's a breach of the Acas code and so a potential uplift in compensation. Employers need to check their disciplinary and grievance policies to ensure they are in line with the new Code. A fuller guide can be found on the Acas website - www.acas.org.uk/media/pdf/9/5/CP01_1.pdf.
New ET1 and ET3 forms
New forms are to be used from 6th April, unless the old statutory dismissal and grievance rules apply in which case the old form will still be in use for a transitional period.
Paid holiday
Paid holiday entitlement increases to 5.6 weeks (equivalent to the old 20 days + 8 days bank holiday for a full-time worker).
Flexible working
Parents with children under 17 can now request flexible working (it was previously children under 6). Employers will still have the right to turn down requests where they can justify a refusal on the basis of a detrimental effect on the ability to meet customer demand; detrimental impact on quality or performance etc.
SMP / SSP
SMP increases to £123.06 (from £117.18), and SSP increases to £79.15 (from £75.40).
For more information on these legislation changes, or any other Employment matter, contact James Johnson on 01332 225 271 or by email james.johnson@smithpartnership.co.uk