Urgent - Statutory Procedures - Abolitiion

Its quite well accepted that the Statutory procedures were poorly drafted and created more complexity rather than certainty. Having now read the provisions set out in Employment Act 2008 (Commencement No. 1, Transitional Provisions and Savings) Order 2008. I can say they are no better certainly in the short term.

If you actually read the statutory instrument you will find that some of the statutory procedures actually exist after the 6th April 2009. Frankly the wording of the Order is horrific and quite complex even for lawyers. That being said I have taken some time to read through it and hopefully the summary below will help you assess whether or not the statutory procedure applies in any given circumstance. You should get advice on these issues certainly because where time limits and jurisdiction issues are before the Employment Tribunals, these are notoriously complex and very fact based - combine this with the transitional order above and you have a very complex issue indeed to resolve.

Disciplinary and Dismissals

If a stage 1 letter has been sent or a stage 2 meeting has taken place before the 6th April 2009 then the statutory procedures will still apply to any dismissal after this date. Any failure will be deemed to be an automatic unfair dismissal. It stands to reason that any dismissal before this date will be subject to the statutory procedures. If you hold off doing anything until after the 6th April 2009 the statutory procedures will not apply.

Statutory Grievances

The statutory grievances will be abolished providing the acts complained of occur on or after the 6th April 2009; where the acts wholly took place before the 6th April 2009 the statutory procedures will still apply.

However what about acts that occur before that date and continue beyond it, such as in Discrimination claims? Well this is where it gets even more complex!

For most claims the old statutory procedures will apply providing either an ET1 is presented or a stage 1 grievance letter is issued by the 4th July 2009. If neither an ET1 or grievance letter is sent by this date the new regime will be engaged and the statutory procedures will not apply.

Where there is a wider window in which to present claims such as in Equal Pay and Redundancy Pay claims this will remain except the date in which a statutory grievance or ET1 claim must be presented is 4th October 2009 instead of July 2009.

I do hope this makes synopsis makes it more easier to understand but I cannot advocate enough the fact that advice must be sought in these circumstances. I can be contacted on gda@hrlegalpartners.com