The statutory dispute resolution procedures will be repealed from April 2009. On 15 December 2008, the transitional provisions that will regulate what happens during that tricky period just before and after 6 April 2009 were made.
In respect of disciplinary matters, the current rules, will apply if:
- they would have applied in the circumstances of the case; and
- as at 5 April 2009 an employer has:
- complied with Step 1 or 2 of the standard disciplinary procedure (that is a letter setting out reasons for the disciplinary action and a hearing) or Step 1 of the modified procedure (a letter giving reasons for the summary dismissal), or
- taken relevant disciplinary action against the employee, or
- dismissed the employee.
The current rules regarding the statutory grievance procedure will apply where:
- the matters complained about occurred wholly before 6 April 2009; or
- the matters complained about began on or before 5 April 2009, continue after that date, and the employee brings a claim in the employment tribunal regarding that grievance before 4 July 2009 (or 4 October 2009 for equal pay or redundancy pay claims).
The "old" rules will therefore still be relevant for some time and employers will need to carefully consider grievance and disciplinary matters that arise around April of this year.