What are statutory dismissal and disciplinary procedures (SDDPs)?

The repealed SDDPs set out a compulsory system for resolving disputes in the workplace. They set out mandatory dismissal and disciplinary procedures and mandatory grievance procedures. Failure to comply with the provisions could result in dismissals or other decisions being declared by employment tribunals to be automatically unfair, and in compensation awards being boosted to reflect non-compliance.

The rules were very proscriptive and complicated. They were therefore disfavoured by most employees and employment solicitors. Basically, the standard SDDP had three stages which included the following steps:

- Inform the employee in writing of proposed dismissal or disciplinary action and invite them to a meeting, giving sufficient time for them to prepare. Provide copies of any evidence that may be used at that meeting.
- Hold a meeting with the employee. The employee had the right under employment law to be accompanied, by a solicitor if necessary. Inform the employee of any decision made and notify them of their right to appeal.
- If the employee wishes to appeal, hold a further meeting.

A modified SDDP could be applied for gross misconduct, in which case the employer had to provide a written statement for the reasons for dismissal and provide an opportunity for an appeal meeting, at which the employee was entitled to be represented.

After 6 April 2009, the ACAS Code applies and requires a ‘fair and reasonable procedure’ to be followed. The Code sets out good-practice disciplinary and grievance procedures. The new Code does not have statutory force, but it is used by employment tribunals when assessing fairness of dismissals and disciplinary procedures. Whilst the principles under the Code do not differ dramatically from the practical reality of complying with the SDDPs, the emphasis is now on ‘reasonable compliance’ with the Code.

All businesses should have their disciplinary and grievance procedures drawn up in a policy and distributed to all staff upon commencement of their employment. An employment lawyer can help you to draw up these policies. If disputes arise it is always a good idea to get legal advice from an employment lawyer before proceeding with grievance or disciplinary procedures, or dismissing an employee.

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