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#1 Posted : 13 December 2004 14:04:00(UTC)
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Posted By Fiona Cowan has anyone encoutered any conflict between the Employment Rights Act legislation and the recently implemented Disciplinary and Grievance Regulations in terms of reporting?
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#2 Posted : 13 December 2004 20:31:00(UTC)
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Posted By Kieran J Duignan Fiona As a (corporate) member of CIPD as well as IOSH, I'm sufficiently interested in this subject to have gone to a briefing by ACAS on the forthcoming Disciplinary and Grievance Regulations, arranged for CIPD members in London last month. As these Regulations emerge from the Employment Rights Act 2002 and pressnt processes for nipping conflicts in the bud well before trying to involve ACAS, tribunals or courts in employment disputes, I'm puzzled that you apparently suggest they conflict with the Employment Rights Act 1996 What exactly are you referring to?
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#3 Posted : 14 December 2004 09:13:00(UTC)
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Posted By Fiona Cowan Kieran I was wondering where they would fit in if an employee had a serious safety concern as I am afraid I have only just started to look at the regulations in detail this month. Regards Fiona
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#4 Posted : 14 December 2004 09:27:00(UTC)
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Posted By Kieran J Duignan Fiona The Disciplinary and Grievance Regulations 2004 don't differentiate about the substantive content of the issues to be raised, whether it's 'safety', 'health' or other matters. As I see current systemic changes, florces including I T, economic globalisation and European law are obliging the UK (and Ireland) to recognise that institutional and role divisions between HR, Occupational Health and Safety are outdated. So, it's a matter for senior mangement to ensure that their management structures and practices are adapted to fit their legal responsibilities. It's up to the employer, for example, to educate HR people to conduct risk assessments even though they still aren't part of the basis educationa and training of most people in the profession. Likewise, it's a matter for the employer to ensure that safety professionals update themselves on the implications of new employment for their own role responsibilities, for example, by ensuring online access and access to coaching.
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