Lawyer welcomes rethink of labyrinthine grievance procedures
Tuesday 3rd February 2009
One of Lancashire's top commercial lawyers has welcomed changes to the statutory grievance and dismissal procedures which come into force in April. The current procedures will be abolished in favour of a new ACAS Code of Practice. The effect of the new code will mean that the employer's failure to follow the code will not result in a finding of automatic unfair dismissal.
David Southern, Partner at Marsden Rawsthorn believes the change is good news for employers. "Current grievance and dismissal procedure is so complex that businesses with finite resources often fall foul of the current law simply because they do not have the legal expertise or time to devote to its labyrinthine nature. The new code reintroduces many of the positive attributes of previous procedures in terms of simplicity and clarity."
Southern also believes that the number of tribunals may drop as a result of the changes. "The current procedure encourages employees to opt for a tribunal because all they have to do is demonstrate a failure to follow procedure rather than the legitimacy of the grievance itself. The new code will discourage this tactic."
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