Back
Get in Touch Menu

New code on discipline, dismissal and grievance

Published: · Last updated:

The statutory disciplinary & dismissal and grievance procedures, introduced in October 2004, are shortly to be replaced.

These statutory procedures, brought in five years ago, were intended to reduce the number of claims made to employment tribunals. They introduced harsh penalties for employers or employees who failed to follow the rules, with adjustments to awards of between 10-50 per cent.

They have not been a success, resulting in litigation about the procedures themselves as well as employers facing the possibility of a technical finding of unfair dismissal against them regardless of the substance of a claim. From 6 April 2009 they are to be replaced with a code of practice on discipline and grievances.

However in practical terms when looking to discipline or dismiss an employee for misconduct and/or poor performance, the steps remain the same as now, namely:

  • inform the employee of the problem
  • hold a meeting with the employee to discuss the problem
  • allow the employee to be accompanied at the meeting
  • decide on appropriate action
  • provide the employee with an opportunity to appeal.

(NB If an employer starts the procedure on or before 5 April 2009 by writing to invite the employee to a disciplinary hearing, the old procedure will apply.)

Although not legally binding, tribunals will continue to take into account compliance with the code. Penalties for non-compliance will be a little less harsh with adjustments to awards of between 0 and 25 per cent. Non-compliance will not automatically result in a finding of unfair dismissal.

Our advice is that employers should still follow a clear and fair procedure when disciplining or dismissing an employee. This will provide maximum protection should a claim result

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner, head of governance & risk
Mathew Clayton
View profile
Related services
Share this article
Resources to help

Related articles

Case law update (October 2026): Clawback provisions, part-time work & surprise disciplinary meetings

Employment & business immigration

Our highly rated employment law & business immigration team look into a number of cases that could be relevant to you and your business. In our October edition of Dispatches,…

Simon Pathé FCILEx
Partner, chartered legal executive

New legal guide rankings for Willans’ employment department as family team completes full house

Employment & business immigration

Willans is excited to have received a number of new and improved recommendations in the latest editions of independent national legal guides, Chambers UK and The Legal 500, with recognition…

Willans
Solicitors

Willans named official legal partner of Cheltenham Festivals

Charities & not-for-profit organisations

Willans has strengthened its long-standing relationship with Cheltenham Festivals by becoming its official legal partner. The appointment builds on more than 20 years of working together, during which our firm…

Willans
Solicitors
Contact us