Employment Act 2008: Repeal of Statutory Dispute Resolution Procedures – Commencement Date and Transitional Provisions

The Employment Act 2008 (Commencement No. 1, Transitional Provisions and Savings) Order 2008 (SI 2008/3232) has been published. This Order provides for certain provisions of the Employment Act 2008 to come into force on 6 April 2009 and includes the repeal of the much maligned statutory dispute resolution procedures. Transitional provisions are in place so that employers will be able to determine which dispute resolution regime will apply to disciplinary action or grievances that are ongoing when the statutory procedures are repealed.

The statutory dismissal and disciplinary procedures will continue to apply where the first step of a disciplinary and dismissal action has taken place before 6 April 2009. The first step usually occurs when the employer sends a letter to the employee or a meeting between the parties has occurred. If neither of these events has taken place, the applicable date will be the date of the dismissal or disciplinary action.

The statutory grievance procedures will continue to apply to grievances if the date of the action about which the employee complains occurs either (i) wholly before 6 April 2009 or (ii) begins on or before 5th April 2009 and continues beyond that date, in which case the existing procedures will be preserved where the employee presents a complaint to an Employment Tribunal or submits a valid grievance within the relevant specified date of either 4th July 2009 or 4th October 2009.