What are the regulations?
These regulations (arising from the Employment Act 2002) came into force from 1 October 2004.
They set out a framework for dealing with disciplinary, dismissal and grievance procedures at work. Failure to comply with these regulations will make a dismissal unfair and lead to penalty compensation awards if a complaint is made to an employment tribunal.
How do they affect current disciplinary and grievance procedures?
Current disciplinary and grievance procedures cover the key principles laid down in the Regulations.
What are the implications for dismissal on expiry of a fixed-term contract?
The three-step procedure (consisting of written statement, hearing, appeal meeting) to be used for dismissals outside the disciplinary procedures affects the consultation process we should adopt on the expiry of a fixed term contract in two ways:
- Right of accompaniment to the consultation meeting (the member of staff may bring another member of staff or a trades union representative, whose role as companion is more closely defined)
- Right of appeal against the decision to dismiss (the member of staff must be advised of this right and may bring another member of staff or a trades union representative to the appeal meeting)
Additional sources of information
- Procedure for the ending of fixed term contracts: a summary of steps to be taken by institutions
- Detailed advice on individual cases is available from your HR Business Manager/HR Adviser
- Department of Trade and Industry: resolving disputes
- ACAS revised code of practice on disciplinary and grievance procedures