Dismissal and Grievance Procedures: Framing and Operating Procedures to Meet Current Rules

Dismissal and Grievance Procedures: Framing and Operating Procedures to Meet Current Rules

by Dennis Hunt

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Product Details

ISBN-13: 9781854183767
Publisher: Thorogood
Publication date: 06/28/2005
Series: Thorogood Reports Series
Pages: 130
Product dimensions: 8.25(w) x 11.75(h) x 0.82(d)

About the Author

Dennis Hunt is a specialist in Employment Law. He has represented companies at Employment Tribunals since 1977 in cases covering the whole spectrum of employment law and is the author of several successful books including Successfully Defending Employment Tribunals (also published by Thorogood).

Table of Contents

Introduction

1: THE LEGISLATION
A brief history of unfair dismissal legislation and employment tribunals
Summary of changes introduced by the Employment Act 2002
The standard three step disciplinary disputes procedure
The modified disciplinary procedure
Default judgments
Case management
ACAS conciliation
Directions hearings
Costs

2: CONTRACTS OF EMPLOYMENT
Contracts of employment: an introduction
The tests of employment
Forming the contract
Formalities
Contracts: the four elements
The Employment Rights Act S1 –’written statement of particulars’
Changing the terms of a contract of employment
Summary

3: DISCIPLINARY RULES
Disciplinary rules: an introduction
Drafting the rules
Health and safety rules
Communicating the disciplinary rules

4: DISCIPLINARY PROCEDURES
Disciplinary procedures and the law
Modified disciplinary procedures and gross misconduct
The ACAS guide to disciplinary procedures
Special situations
Summary

5: DISCIPLINARY PROCEDURES STEP-BY-STEP
Investigation
Informal disciplinary action
Formal disciplinary action
Invitations to a meeting
Provision of evidence
The right to be accompanied
The disciplinary meeting
Handling disciplinary meetings
Records of disciplinary meetings

6: DISCIPLINARY SANCTIONS
Disciplinary sanctions and warnings
Poor performance issues – capability
Sickness, lateness and absence
Misconduct and gross misconduct

7: ENDING EMPLOYMENT
How employment can end
Resignation
Termination by mutual agreement
Compromise agreements
Requirements of a compromise agreement
Independence of adviser
The conclusion of a fixed term contract
Dismissals with notice and summary dismissals
Capability dismissals
Skill and aptitude
Ill health dismissals
Qualification dismissals
Conduct dismissals
Redundancy dismissals

8: GRIEVANCES
Grievances: an introduction
The standard ‘three step’ grievance procedure
Definition of a grievance
The ‘modified’ two step grievance procedure
Overlapping disputes
Grievance procedures and their impact on employment tribunal applications

9: APPEALS
The right of appeal
APPENDICES
Appendix I Example of disciplinary rules and procedure
Appendix II Example of a grievance procedure
Appendix III Example of a complaints procedure dealing with harassment or bullying

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