On 6 April 2009, the mandatory statutory procedures relating to dismissals and grievances of employees are to be repealed.  Employers will instead be expected to comply with the new ACAS Code of Practice & Guidance.   The ‘soon to be’ old law was very cumbersome for employers as a failure to comply with the strict procedures often meant a finding of automatic unfair dismissal even where employers have very strong evidence of an employee’s gross misconducts.  The new code is more principle based and meant to be understood much more easily by lay people. 

Simon Thomas, partner specialising in employment law, comments “This is very welcome news for employers, but a word of warning: if an employer has commenced procedures or started down the route of taking disciplinary or dismissal action before 6 April 2009, the old law applies even if the dismissal takes place long afterwards.  Employers and employees affected by disciplinary action would be well advised to take specialist advice on these matters to be sure of their rights and obligations.”