Introduction

The Labour Relations Agency on its website has just published, for consultation, a Draft Code of Practice on Disciplinary and Grievance Procedures. Public consultation on the draft Code of Practice will end on Friday 26th November 2010. We do not at this time expect a new Code to be in operation before April 2011.

The Draft Code of Practice establishes good practice standards in disciplinary and grievance matters consistent with the policy intent behind the Employment (No. 2) Bill, which is currently being considered by the Northern Ireland Assembly. Article 1 of this Bill provides for the repeal of the statutory grievance procedures. The statutory dismissal and disciplinary procedures introduced in 2005 are set to remain in Northern Ireland.

The Draft Code of Practice reflects the proposed non-statutory approach to dealing with grievances in the workplace. The requirement to comply with the statutory procedures in respect of dismissal and disciplinary situations will remain.

The position in Northern Ireland with regard to statutory dismissal and disciplinary procedures will therefore differ from Great Britain where the statutory grievance, dismissal and disciplinary procedures were repealed in April 2009.

Consequently, at Industrial Tribunals in Northern Ireland financial penalties for employers and employees will continue if minimum statutory dismissal and disciplinary procedures are not followed. With reference to grievances, an Industrial Tribunal can take into account any unreasonable failure to follow the Code of Practice by either the employer or employee and thus may financially penalise the employer or the employee. Unlike the Acas Code in GB, where the maximum penalty for failing to comply has been reduced to 25%, the LRA Code reflects a potential 50% uplift or reduction in awards for failure to follow the Code in relation to disciplinary/dismissal or grievance matters.

The main changes in the LRA Code relate to grievances insofar as just about anything can be a grievance and timescales are fluid. The grievance 'should be done in writing', although it would appear that failure to do so would no longer affect the admissibility of claims at tribunal. However, failure to follow the Code brings with it the same penalties (50% uplift or reduction) as before. The basic rules of a grievance are that the employee should raise it, the employer should hold a meeting to discuss same, and the employer is under an obligation to offer an appeal, should the employee request one. Employees should also state WHY they want to appeal:

"They should let their employer know the grounds for their appeal without unreasonable delay and in writing." [para 78]

The new Code is intended to replace the current LRA Code of Practice on Disciplinary and Grievance Procedures published in April 2005. To augment the Code of Practice the LRA intends to publish an Advisory Guide to provide further guidance on aspects of the Code of Practice. You will find the draft Code here:
http://bit.ly/abfzIQ

Fit Notes Survey
Whilst were on the subject of consultation, you may be aware that, in association with Occupational Health Consultants, we are conducting a survey of all our clients in Northern Ireland in an effort to assess the impact the “Fit Note” has had since its introduction in April 2010.

OH consultants are surveying those who work in the health sector, such as doctors, practice managers and nurses. At legal-Island we are surveying other relevant professionals, such as HR professionals and lawyers to ascertain your views on the new medical certification process.

Our main aim is to understand what you think of the new Fit Note system and what kind of impact it has had on employees' return to work (in both numbers and time absent). As such, your opinion is critical to the success and relevance of this survey.