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.