I have heard that the law surrounding misconduct dismissals is changing in April 2009 and it will no longer be necessary to follow a formal procedure when we need to dismiss someone. Is this true?
Yes but you will have to have some process in place. You won't be able to do just anything.
ACAS have issued a Code of Practice and it will be best practice to follow it. It covers all aspects of discipline including suspensions and, even, what to do if you are contemplating starting the disciplinary process. You do not have to follow the Code but it will make your life more difficult if you are challenged to a tribunal.
Not following the ACAS Code will not in itself make your company liable to a claim, but it will be taken into account by the Employment Tribunal if a claim is made.
Whatever practice you follow you must ensure that you tell the employee the nature of the allegation, give them time to prepare their defence, provide them with all relevant documents, allow them to be accompanied, and five them a right of appeal.
If you don't follow the code then any compensation can be increased by up to 25%. This is not as much as the current provisions but still a waste of money. Following the ACAS guide costs nothing but could save you a lot of money.
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