Following on from the statutory changes which were brought in as at 6th April 2006, the Government have wasted no time in announcing more measures which they are proposing to further alter the employment law landscape. In particular, there are two changes which will have a significant impact for employers...
[/summary] [content]Resolving disputes in the workplace
As many will be aware, at the latter end of 2007, the Government introduced a new Employment Bill. The main thrust of this Bill was the abolition of the statutory dismissal and grievance procedures. These procedures were introduced in 2004 with a view to encouraging parties to resolve workplace disputes internally. However, it quickly became clear that the procedures were not working.
When the Government initially published the Employment Bill, no indication was given as to what procedures, if any, would be brought in to replace the current legislation. However, following on from a public consultation, the Government have now produced a further document addressing this matter. Thankfully, lessons appear to have been learned from the existing statutory procedures. The Government do not intend to introduce any detailed replacement procedures which employers and employees are obliged to follow.
However, the Government are still keen to encourage parties to attempt to resolve disputes within the workplace prior to taking matters to the Employment Tribunal. Accordingly, a “non prescriptive” ACAS code of practice, together with comprehensive non statutory guidance, is the Government’s preferred way of attempting to encourage parties to resolve disputes internally. Whilst these guidelines would not create any concrete obligations for employers and employees, the Employment Tribunal, when dealing with complaints before it, could still take this guidance into account when considering whether or not an employer has followed an appropriate procedure.
Furthermore, Employment Tribunals would have the power to increase or decrease any award which it may make in favour of an employee by up to 25%, where it found that either party had acted unreasonably in failing to comply with the code.
The Employment Bill is still making its way through parliament, and as such is not yet in its finalised form. However, as part of the ongoing legislative process, ACAS have now issued a draft code of practice on discipline and grievance which it is intended would apply once these legislative changes take effect. A copy of the draft code can be found by following the link below.
http://www.acas.org.uk/CHttpHandler.ashx?id=880&p=0
It is important for employers to note however, that these changes will not take effect until April 2009 at the earliest, and as such, the existing statutory procedures must be followed until that time. Obviously, we will keep you updated as the situation becomes clearer.
The right of an employee to request flexible working was brought in by the Employment Act 2002. Since then, this right has expanded, so that at present, qualifying employees can request flexible working in order to care for:
Following on from a recent review, the Government have now issued a paper indicating that it is their intension to allow employees to make an application for flexible working where they require to care for any child up to the age of 16 years old, where they have parental responsibility for that child.
This is likely to significantly increase the number of employees who are able to make a flexible working application. It is not anticipated there will be any procedural changes in the way in which such applications are dealt with, but employers should be aware of the implications that the expected increased number of applications will have for their business. Again, no indication has been given as to when this amendment to the legislation will become effective, but it is expected that this will be in the not too distant future. If any of these issues are causing particular concern for your business at present, we at Miller Samuel can discuss matters with you. Additionally, we are happy to advise you as to the best way to prepare for these changes just as soon as it becomes clear when they will take effect.
Extension of rights for flexible working