The statutory dismissal and disciplinary procedure will soon be consigned to the dustbin of history, to be replaced next spring (2009) by a less rigid system based around a code of practice. These legislative changes are contained in the Employment Bill, previously known as the Employment Simplification Bill in the Government’s draft legislative agenda.

The demise of the dismissal and disciplinary procedure will give employers cause for celebration, as it has produced some very undesirable consequences for unwary employers who, by acting on common sense alone, may easily wind up in breach of their obligations and face significant legal liability.