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15th January 2009

NEWS IN BRIEF

The Government has published legislation repealing the statutory dispute resolution procedures, which will take effect on 6 April 2009.

The Employment Act 2008 (Commencement No.1, Transitional Provisions and Savings) Order 2008 (SI 2008/3232) also sets out transitional provisions stipulating the circumstances in which the procedures will continue to apply after 6 April 2009.

These state that if, on or before 5 April, the statutory disciplinary and dismissal procedures were relevant to the situation and the employer had already dismissed the employee; taken relevant disciplinary action; or complied with Steps 1 or 2 of the standard procedure (Step 1 of the modified procedure), then they will still apply.

The statutory grievance procedures will also continue to apply in circumstances where the source of the employee's complaint originated in its entirety before 6 April. They will also apply if the basis of the grievance started on or before 5 April and continued beyond that date, as long as the employee had made a tribunal claim based on that grievance on or before 4 July 2009. This deadline applies for all claims except equal pay and redundancy which can be lodged up until 4 October 2009.

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