Table of Contents
Introduction1: THE LEGISLATION A brief history of unfair dismissal legislation and employment tribunals Summary of changes introduced by the Employment Act 2002The standard three step disciplinary disputes procedureThe modified disciplinary procedureDefault judgmentsCase management ACAS conciliation Directions hearings Costs2: CONTRACTS OF EMPLOYMENTContracts of employment: an introductionThe tests of employment Forming the contractFormalitiesContracts: the four elements The Employment Rights Act S1 –’written statement of particulars’ Changing the terms of a contract of employment Summary3: DISCIPLINARY RULES Disciplinary rules: an introduction Drafting the rulesHealth and safety rulesCommunicating the disciplinary rules 4: DISCIPLINARY PROCEDURESDisciplinary procedures and the lawModified disciplinary procedures and gross misconductThe ACAS guide to disciplinary procedures Special situations Summary 5: DISCIPLINARY PROCEDURES STEP-BY-STEPInvestigationInformal disciplinary actionFormal disciplinary action Invitations to a meetingProvision of evidence The right to be accompaniedThe disciplinary meetingHandling disciplinary meetings Records of disciplinary meetings6: DISCIPLINARY SANCTIONS Disciplinary sanctions and warnings Poor performance issues – capabilitySickness, lateness and absence Misconduct and gross misconduct7: ENDING EMPLOYMENT How employment can endResignationTermination by mutual agreementCompromise agreementsRequirements of a compromise agreementIndependence of adviserThe conclusion of a fixed term contractDismissals with notice and summary dismissals Capability dismissals Skill and aptitude Ill health dismissalsQualification dismissalsConduct dismissals Redundancy dismissals 8: GRIEVANCES Grievances: an introduction The standard ‘three step’ grievance procedure Definition of a grievanceThe ‘modified’ two step grievance procedure Overlapping disputes Grievance procedures and their impact on employment tribunal applications 9: APPEALSThe right of appeal APPENDICES Appendix I Example of disciplinary rules and procedureAppendix II Example of a grievance procedure Appendix III Example of a complaints procedure dealing with harassment or bullying
