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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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

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ISBN13: 9781854183767
ISBN: 1854183761
Published: June 2005
Publisher: Thorogood Publishing Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print

If you thought the rules were weighted unfairly before, think again...Life is getting tougher for employers, the Dispute Resolution Procedures which have now come into force have made things much tougher for employers.

There are now minimum procedures relating to discipline and dismissal that must be followed to the letter, failure to do so will automatically mean that your action is considered to be unfair, this will mean that awards can be increased as much as 50 per cent, the rules are wide-ranging and it's not always clear how and where they apply; but you can avoid the risks and penalties.

This new report explains what all the regulations say and what steps you need to take to operate effective dismissal, disciplinary and grievance procedures. It covers all the requirements of the new Disputes Resolution Procedures that came into effect in October 2004. It tells you where, and when the regulations apply - and what you need to do.

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Employment Law
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 procedures; THe modified disciplinary procedure; Default judgments; Case management. ACAS conciliation; Directions hearings; Costs; 2 Contracts of Employment; Contracts of employment; 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; 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 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; Ending employment; 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; 8 Grievances; Grievances. The standard 'three step' grievance procedure; Definition of 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.