CAUTION: The notes below are retained because the repealed 2002/2004 rules continue to apply in some circumstances, possibly through to 2010 and even beyond (see notes at Disciplinary and Grievance Procedures - 2009 changes/transitional provisions ).

For notes on the replacement rules which came into effect on 6th April 2009 go to Disciplinary and Grievance Procedures - 2009 changes .

Important preliminary.

The Employment Act 2002 (Dispute Resolution) Regulations 2004 SI 2004/752 (with which this note is primarily concerned) have not worked well in practice. The government ordered a complete review at end 2006 and the 2002/2204 rules are completely scrapped and replaced by a semi-voluntary Code of Practice with effect from 6th April 2009 (subject to transitional provisions) - see notes at Disciplinary and Grievance Procedures - 2009 changes

Since 1st October 2004 employment tribunals have been prohibited from entertaining many types of claim unless and until the employer and employee concerned have first gone through minimum standard statutory dispute resolution procedures. The idea of course is to encourage settlement of employment disputes without recourse to the tribunal system. These "dispute resolution procedures" take the form of straightforward minimum standard "dismissal and disciplinary procedures" to be applied by employers and minimum standard "grievance procedures" to be used by employees (see notes at Disciplinary procedures and/or Grievance procedures generally).

To ensure that employers and employees have time to attempt to resolve disputes internally without exceeding the normal time limits for starting tribunal proceedings (as to which see Time-limits/for various applications to Employment Tribunals generally), the normal time for presenting tribunal claims is extended in situations where the minimum standard "dispute resolution procedures" are required.

The law does not spell out any particular time for the start of disciplinary proceedings themselves, or for the giving by an employer of verbal or written warnings. The ACAS Code of Practice noted above suggests (at para 5) that "When a potential disciplinary matter arises, the employer should make necessary investigations to establish the facts promptly before memories of events fade" and of course natural justice requires that there should be no undue delay in taking follow up action if any. Ideally an employer's disciplinary procedure rules should spell this out.

The basic position is that there is an automatic three month extension to the normal time limits for presenting a claim to an employment tribunal in cases where the minimum standard internal "dispute resolution procedures" are required but attempts to settle the matter internally have not been concluded (Employment Act 2002 (Dispute Resolution) Regulations 2004 SI 2004/752 reg 15(1)).

Of course in practice the detail is more complicated than that. The Directgov webpages on "Resolving Workplace Disputes" provide much useful information on dispute resolution generally and in particular on the post 1st October 2004 statutory dismissal and disciplinary procedures to be followed by employers and the grievance procedures to be used by employees. For employers, failure to follow the minimum dismissal and disciplinary procedures when required means there is a risk that if the employee takes the matter to an employment tribunal a dismissal will be deemed to be automatically unfair and/or that compensation will be increased. For employees, failure to follow the minimum grievance procedure requirements when required means that in some cases the employment tribunal will simply refuse to consider a claim and in others that any compensation awarded will be reduced. In any case of difficulty advice should be taken from a solicitor or other qualified expert.

Note. The statutory dispute resolution procedures introduced with effect from 1st October 2004 have proved counter-productive in practice and were abolished, subject to transitional provisions, on 6th April 2009 (see Disciplinary and Grievance Procedures - 2009 changes/a general note ).

See also notes on this website at Disciplinary procedures and/or Grievance procedures generally and/or at Acts of Parliament etc/Employment Act 2002 .