Draft Code of Practice on Disciplinary and Grievance Procedures

Public consultation on the draft Code of Practice will end on Friday 26th November 2010

The Draft Code of Practice establishes good practice standards in disciplinary and grievance matters. Although a repeal of the statutory grievance procedures is reflected in the code, 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, but best practice approach to dealing with grievances in the workplace.

The statutory dismissal and disciplinary procedures were repealed in Great Britain in 2009. However, these will remain in Northern Ireland where there is still a requirement to comply with the minimum statutory, 1,2,3, procedures in respect of dismissal and disciplinary.

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. Additionally, unreasonable failure to follow the Code of Practice may result in a further financial penalty.  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.

To respond to the consultation, for more information and to view the Draft Code of Practice click on the following link: http://www.lra.org.uk/draft_code_of_practice_on_disciplinary_and_grievance_procedures