Archive News- Compromise Agreement Solicitors in Manchester Liverpool and Cheshire

The Compromise Agreement Solicitors

07919 561266

Disciplinary Procedures - Changes

The Statutory Dismissal and Grievance Procedures were abolished in England and Wales from the 6th April 2009. From this date, should an employer be contemplating dismissing an employee, then they are now expected to adhere to the new ACAS Code of Practice. Whilst compliance with the new Code is not compulsory, should an employer or employee unreasonably fail to comply, then an Employment Tribunal has the power to increase or decrease any compensation award by up to 25%.

Given this, it is advisable for employers to comply with the new Code. Under the new Code, employers should undertake a thorough investigation in order to determine the full facts before initiating any disciplinary proceedings. They should also permit an employee to be accompanied to any investigation hearing by a work colleague or Trade Union representative, and any period of suspension should be on full pay. Ultimately, should the employer deem that disciplinary proceedings are warranted following the investigation, then they should provide the employee with written notification. In the notification letter, the employer should set out the full case against the employee (including enclosing pertinent documentation), invite them to a disciplinary meeting, and advise them of the potential consequences of the disciplinary proceedings (e.g. dismissal). At the disciplinary hearing, the employer should again permit the employee to be accompanied by a work colleague or Trade Union representative, and the hearing should be objective and fair and conducted in a manner that allows the employee to set out their defence in full (including calling witnesses should they so wish). After the hearing, the employer should provide the employee with written notification of the outcome and they should also advise the employee in the letter of their right to appeal. The same principles that applied to the disciplinary hearing also apply to the appeal hearing, and the appeal process should be handled by a more senior manager. After the appeal hearing, the employee should again be advised of the outcome in writing. This very short summary is by no means exhaustive, and readers should therefore consult the new ACAS Code of Practice for further details.

As stated, should the employer or employee unreasonably fail to comply with the new ACAS Code of Practice, then the Employment Tribunal has the power to increase or decrease the compensation awarded by up to 25%. Nevertheless, should the Employment Tribunal find that the dismissal would have been fair had a fair procedure been followed, then in line with the case of Polkey v A. E. Dayton Services Ltd (1988), they also have the power to reduce or even eliminate any compensation award.

04 May 2009 by 7g7em7ini

Alemo-Herron v Parkwood Leisure (2009)

The Employment Appeal Tribunal recently held in the case of Alemo-Herron v Parkwood Leisure (2009) that where the transferor in a TUPE transfer negotiates a pay increase under a collective agreement with a Trade Union post TUPE transfer, then the transferee is bound by the collective agreement to honour the pay increase.

02 Apr 2009 by admin

The Compromise Agreement Solicitors, the brand, is part of Antrobus Solicitors, a firm regulated by the Solicitors Regulation Authority. Details of the professional rules which regulate solicitors can be found at the following website address: http://www.rules.sra.org.uk

Associated Websites:

Areas Where We Have A Centre Local To You

Carlisle (specialist compromise agreement solicitor here), Worcester, Durham, Lincoln (specialist compromise agreement solicitor here), Hereford, Canterbury, Litchfield, Ripon (specialist compromise agreement solicitor here), Bangor (specialist compromise agreement solicitor here), Wells, St. David's, Luton, Bedford, Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cumbria, Derbyshire, Dorset, Essex, Gloucestershire, Hampshire, Herefordshire, Kent, Leicestershire, Lincolnshire, Middlesex, Norfolk, Northamptonshire, Oxfordshire, Shropshire, Somerset, Suffolk, Sussex, Warwickshire, Wiltshire, Worcestershire, Reading (specialist compromise agreement solicitor here), Newbury (specialist compromise agreement solicitor here), Anglesey, Gwent, Clwyd, Gwynedd, Dyfed, Powys, Bath (specialist compromise agreement solicitor here), Brighton (specialist compromise agreement solicitor here), Cambridge, Oxford (specialist compromise agreement solicitor here), Plymouth, Southampton (specialist compromise agreement solicitor here), Stratford (specialist compromise agreement solicitor here), York, Glamorgan, Cheltenham (specialist compromise agreement solicitor here), Bradford, Wakefield, Coventry, Leicester, Sunderland (specialist compromise agreement solicitor here), Hull, Wolverhampton (specialist compromise agreement solicitor here), Swansea, Salford, Ipswich, Portsmouth, Peterborough, Lancaster, Newport, Preston, St. Albans, Norwich (specialist compromise agreement solicitor here), Chester (specialist compromise agreement solicitor here), Salisbury, Exeter (specialist compromise agreement solicitor here), Gloucester, Chichester, Winchester, Cleveland, Tyne and Wear, Northumbria, Wrexham, Cardiff, Manchester, Liverpool, London (specialist compromise agreement solicitor here), Birmingham, Derby, Bradford, Cheshire, Lancashire, Yorkshire, Newcastle (specialist compromise agreement solicitor here), Birmingham (specialist compromise agreement solicitor here), Devon, Cornwall, Sheffield, Staffordshire, Leeds, Nottingham, Bristol, Stoke.

We can also do home visits. Please see a list of areas in which we conduct home visits on our local contact points page

Local Centres Where We Can Offer Appointments Out Of Hours

At the following Local Centres, we can also offer appointments outside the normal office hours of 9am - 5pm:-

Manchester Business Park, Manchester
Exchange Quay, Manchester
King Street, Manchester
Exchange Flags, Liverpool
Cheadle Royal Business Park, Cheadle, Cheshire
Chester Business Park, Chester, Cheshire
Crab Lane, Warrington, Cheshire
City West, Bradford
Fenton, Stoke-on-Trent
The Pavilions, Preston, Lancashire
Thorpe Park Business Park, Colton, Yorkshire

Newcastle Quayside, Newcastle
Victoria Square, Birmingham
Exeter Business Park, Exeter, Devon
Cambourne, Cornwall
Hammersmith Road, London
Eccleshall Road, Sheffield
Princes Exchange, Leeds
Dumfries Place, Cardiff
Aztec West, Temple Quay, Bristol
Pegasus Business Park, Nottingham
Watling Court, Cannock, Staffordshire

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