If we have been using the ‘old’ grievance procedures for period of time rather than new LRA code, how will that be viewed by Tribunal, or is the most important thing that we followed a procedure, rather than nothing?

Both the “old” LRA Code grievance procedure and the “new” LRA Code grievance procedure cover the minimum process that should be followed when implementing a grievance procedure. Therefore, the old grievance procedure you have followed is likely to be compliant with the new LRA Code grievance procedure. You should now follow the new Code. The repeal of the statutory grievance procedures means that employers are not now under a statutory/legal duty to follow a grievance procedure. However, a Tribunal can still take an unreasonable failure to follow the grievance procedure in the new LRA Code into account. It can do this by adjusting an award it makes by a percentage of up to, or down by, 50