We are gearing within employment disputes to the implementation of a new employment regime and the new Acas code which takes effect from 6th April.
This is being picked in the legal press with a senior employment lawyer warning that ‘common sense is not that common’ as the government revealed a new code for resolving workplace disputes.
The new Acas code, which takes effect from 6 April, replaces the three-step grievance and disciplinary system of written statement, meeting and appeal.
New provisions include an improved Acas helpline, an early conciliation service and a revised definition of what is fair and reasonable when tackling problems at work. Advice to employers and employees includes keeping an open mind and considering mediation.
Vanessa James, head of employment at St Albans firm SA Law, said the code puts ‘fairness’ at its core, so that employers would no longer automatically lose a case by missing a step in the procedure. ‘But common sense is not that common,’ she said. ‘Employers and employees will still need guidance through the process because disputes quickly become stressful and personal. It’s not always easy to keep a clear head.’
I have to say that I quite agree with Ms. James on this one. We seem to be in danger of going from one regime to another namely over prescriptive to say under prescriptive.
In my firm's ezines we have expressed our concerns about the new Acas code and it seems that we are not the only ones who seem to think that the new regime will create more problems.
Stand by for a load of complaints from users and lawyers and ultimately a series of new and complex case law which will keep some lawyers happy but many confused.