EMPLOYMENT LAW CHANGES NECESSITATE SCRUTINY OF EVERY EMPLOYMENT CONTRACT IN THE UK

Over the next few weeks many sections of the Press will be carrying articles about the changes being implemented in April by ACAS, which introduce the revised disciplinary procedure. Many employers will look at these with a sigh of relief, feeling that a little more common sense is being introduced into the employer/employee relationship. Whereas I would not dispute the theory, I am seriously worried about the practice. The results of course will take a few months to assess; however there is one thing I would like to see every employer do NOW to prevent claims against them for breach of contract which, under the new regulations, will not be a breach of law.

Since 2004, if an employer did not carry out the disciplinary procedures to the letter, they could lose on a technicality at Employment Tribunal. As a consequence of this many of the disciplinary procedures written in the terms of employment or handbooks have made statements such as:

“During the first year of employment the procedures shown do not form part of the contract, but the rules do.” This implies that, after the first year, the disciplinary procedure does form part of the contract. It is therefore possible - as the new regulations are not so stringent - that an employer could be complying with the new requirements but in breach of their own contracts. Furthermore, the new ACAS guidelines are designed to stimulate settlement of disputes in the workplace, rather than at Tribunal. This gives an employer the opportunity to introduce enhanced grievance and appeal procedures, laying an added obligation on the employee to use the procedures provided rather than referring the matter for a Tribunal hearing too quickly.

HR4UK.com Limited has produced upgraded contracts covering these changes and these have already been issued to tens of thousands of employees.