Wednesday 19 May 2004

Statutory Dispute Resolution - DTI Guidance

The DTI's Guidance Notes to the forthcoming mandatory disciplinary and grievance procedures (coming into force 1st October 2004) have just been placed on the DTI website.

Overall, it is a well drafted and thought out document, which goes some way towards explaining the horrendously complex (and in places, incomprehensible) regulations.

I will be updating my Dispute Resolution Analysis Notes to incorporate the guidance. In the meantime, here are a few key points:

  • the Guidance Notes make it clear the dismissal procedures do apply for dismissals on grounds of redundancy and, as importantly, retirement
  • they make it clear that the mandatory DDPs are an addition to ordinary concepts of fairness under s98(4) of the ERA 1996
  • it has useful sections on overlapping procedures and on extensions of time for presenting claims.

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