Statutory Dispute Resolution Procedures
The statutory dispute resolution procedures (SDDP) must be followed by both employer and employee. There are two types of DDP: the standard dismissal and disciplinary procedure (SDDP), applicable to most cases when an employer is contemplating dismissing or taking "relevant disciplinary action" against an employee, and the modified dismissal procedure (MDP) applicable to only a very small minority of gross misconduct cases.
The procedures apply to dismissals for nearly every reason. If the employer has not followed the DDP, any dismissal will be automatically unfair and subject to a minimum basic award. Furthermore, if the employee brings a claim arising out of a dismissal or relevant disciplinary action and is successful, any compensation awarded by the tribunal will be increased. If the employee has not followed the DDP (for example, has not raised an appeal or has not made reasonable efforts to attend meetings), but brings a successful claim arising out of the dismissal or disciplinary action, any compensation awarded by the tribunal will be decreased.
Since October 2004 employees have been required to follow the Statutory Grievance Procedure prior to submitting certain claims to an employment tribunal. In most cases, where an employee sends a written grievance to their employer within the normal time limit for submitting a claim based on the subject matter of the grievance, there will be an automatic extension of time for submitting the claim by a further three months. However, the SGP does not apply where an employee's grievance concerns an actual or contemplated dismissal, not including a constructive dismissal.
You must also have a written SDDP to comply with the legislation.
