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Employment Disputes: Consultation Results
New mandatory dispute resolution procedures come into force in October 2004. Failure by an employer to follow the mandatory disciplinary procedure will render a dismissal automatically unfair and lead to an increase in compensation for employees. Failure by an employee to lodge a grievance will (n
News | 20 Jan 2004
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Employment Disputes to be Settled at Work, Not a Tribunal
Plans for a radical overhaul of dispute resolution procedures were published yesterday (9 July 2003) by the UK's Employment Relations Minister. Employers and employees will be required to follow a process to ensure that disputes are discussed at work and relieve the burden of employment tribunals. The three-step process outlined today will require: - the problem to be set out in writing with full details provid...
News | 10 Jul 2003
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Government announces employment law overhaul
...ine the current regulatory regime for the recruitment sector. Create a universally portable CRB check that can be viewed by employers instantly online, from early 2013. As part of the response to the Resolving Workplace Disputes consultation, the Government has committed to: Requiring all employment disputes to go to the Advisory, Conciliation and Arbitration Service (Acas) to be offered pre-claim conciliation before going to a tribunal and from April 2012 increasing the qualification period for unfair dismissal from one to two years. Publishing a consultation in the new year on ‘protected conversat...
News | 23 Nov 2011
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73% of employers back tribunal powers to strike out claims
Almost three-quarters of employers want Employment Tribunals to have greater powers to remove weak or vexatious employment claims from the system, according to a new survey from law firm, DWF LLP. Of the businesses surveyed, 73% backed Employment Tribunals having wider powers to ‘strike out’ claims that are deemed to be spurious and have no re...
News | 19 May 2011
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Employment Act 2008
The Employment Act 2008 came into force on 13 November 2008 for the following purposes: To make provision about the procedure for the resolution of employment disputes; To make provision about the enforcement and application of minimum wage legislation; To make provision about the enforcement of offences under the Employment Agencies Act 1973; and To make provision about the right of trade unions to expel or exclude members on the grounds of membership of a...
Regulation | 6 Apr 2009
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Employment dispute
Hello Michael, I think that you may find this rather tricky as you are essentially changing her contractual terms. There are four main ways in which an individual employment contract can be changed: 1. Variation by implied or express consent 2. Contract allows for variation 3. Union agreement 4. Change is imposed by the employer Variation by express consent on the part of the employee (preferably in writing) is obviously the most desirable way of implementing chan...
Comment | 29 Jul 2004
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97% of employers say tribunal system weighted against them
...nt decisions. I am aware though that there would be opposition from both sides for their respective reasons. But since this is often a very emotionally charged problem, it needs common sense to prevail. Both employees and employers alike often circumvent law to suit their own needs, only to fuel employment disputes for a longer duration. Employers can afford to spend money over it, and employees with a grudge feel they have nothing to lose. This is not a good recipy for resolution, and probably explains why 97% of employers feel ET systems are failing them. I'm sure there are many disgruntled employees who fe...
Comment | 16 Jun 2011
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Dispute resolution: what will replace the existing procedures?
...elly Mansfield, Michael Gibbons, who sits on both the Ministerial Challenge Panel and the Better Regulation Taskforce, revealed that there was no doubt in his mind that the Dispute Resolution Regulations need to be repealed. He stated that throughout the extensive research involved in the review of employment dispute resolution, there was an overwhelming consensus that "the procedures need abolishing!". The numbers support his argument: The average cost to business of defending an Employment Tribunal claim has been estimated to be around £9,000; the dispute resolution system costs the Government arou...
News | 12 Jul 2007
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Consultation launched on dispute resolution in N. Ireland
Northern Ireland’s Department for Employment and Learning is seeking the public's views on a range of proposals for change to systems for resolving employment disputes. The consultation seeks views on preventative measures, the future of statutory procedures for resolving disputes, better use of Alternative Dispute Resolution techniques, and possible changes to employment-related tribunals. Minister for Employment and Learning, Sir Reg Empey, said: “D...
News | 1 Jun 2009
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Employment Tribunal system is broken, says new CIPD survey
Good morning, is training still the issue in 21st century? Going by personal 35 years working experience, employers hold the three trump cards, i.e. case knowledge, evidence and financial support. Now they want threat of claiming costs to prevent litigation (all the three aces). In employment dispute, worker only persues remedy in IT when all else fails. It is only at the instructions of IT that the employer exchanges evidence, so what you people thing should replace openness to prevent vexatious cases? May be ACAS should be mandatory? Remember, worker is all alone against employer in t...
Comment | 11 Mar 2011
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Consultation on failing dispute resolution procedures closes today
...he Dispute Resolution Consultation, launched by the Department for Trade and Industry (DTI) following a review of the procedures introduced by the Employment Act 2002 (Dispute Resolution) Regulations 2004, closes today. The consultation was launched to consider potential improvements to the way employment disputes are resolved, while preserving existing employees' rights, following criticism that the statutory dispute resolution procedures have not fulfilled their aim of resolving disputes in the workplace. Back in December 2006, Michael Gibbons who is a member of the DTI Ministerial Challenge Panel, was...
News | 20 Jun 2007
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ACAS' 43-point dispute code poses problems, not solutions
...as the Government promised the planned legislation and draft code may place an even more onerous burden on employers already struggling to get to grips with current employment legislation."RPC says that the introduction of mandatory dispute resolution procedures in October 2004, designed to prevent employment disputes from reaching tribunals has actually contributed to a 54% surge in the number of cases going to tribunal between 2004 and 2007.Henthorn says: "As it currently stands Employment Tribunals are able to find businesses automatically guilty of unfairly dismissing employees with at least one year's servi...
News | 11 Jul 2008
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Acas Chair opens debate on new dispute resolution system
Acas Chair Rita Donaghy has called for a significant change to the current procedures for resolving employment disputes and emphasised the need to tackle disputes at the earliest stage. Speaking at the TUC conference today (Monday 10 September), Donaghy highlighted the need for a new system and welcomed the opportunity to discuss what this should be and how it might work. Key speakers in UK employment relations, ...
News | 10 Sep 2007
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Increasing numbers of Employment Tribunal claims
The Tribunals Service annual report shows that the Employment Tribunals' workload in 2006-07 was around 137,000 cases compared to 127,000 in 2005-06. This represents an annual increase of nearly 8% Possible reasons for the increase A widely held view is that the statutory dispute resolution procedures introduced in 2004 are at fault. The EEF, an industry bo...
News | 3 Sep 2007
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The Employment Bill: simplified employment?
© Workplace Law Group 2007 All rights reserved The Employment Bill: simplified employment? The Employment Bill: simplified employment? In his pre-Queen's speech report to Parliament in July 2007, Gordon Brown trailed the Employment Bill as the Employment Simplification Bill, a title dropped by the time of the Queen's Speech in November. This week we look at ...
News analysis | 7 Jan 2008
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Changes to dispute resolution 'will be welcomed'
... replacement would take, with almost half of respondents favouring compulsory mediation.The Employment Bill, which is due for its second reading in the House of Lords on 7 January, will abolish ‘rigid’ statutory processes for dispute resolution and will make new provisions for the resolution of employment disputes.Blair Adams, an employment law specialist at Shepherd and Wedderburn, says: "While SDGPs themselves are fairly unpopular, the principle of having a mandatory mechanism for resolving workplace disputes before they reach an Employment Tribunal appears to have gained popularity since the SDGPs were in...
News | 18 Dec 2007
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Acas has positive impact on employers and economy
...vings to the economy of £313m while the advice and guidance provided to employers and employees contributed a further £475m. Minister for Employment Relations, Pat McFadden, said Acas played a valuable role in helping disputes get resolved in the workplace with positive benefits for the economy:"Employment disputes are stressful for employees and costly for business. It is in everyone's interest to resolve problems quickly and without involving Employment Tribunals wherever possible. Acas' services help to promote solutions which benefit everyone involved." Savings in management time, and reductions in recru...
News | 16 Nov 2007
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Government plans to reform dispute resolution
The Government has announced plans to reform current employment dispute resolution regulations, as part of the proposed Employment Bill which was included in yesterday' Queen’s Speech at the opening of ParliamentBoth employers and unions have previously called for a review of the disciplinary and grievance procedures, which were introduced to help resolve wo...
News | 7 Nov 2007
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Government consults on changes to failing dispute resolution procedures
The Department for Trade and Industry (DTI) has launched a consultation on how to improve the way employment disputes are resolved, while preserving existing employees' rights. The consultation follows a wide-ranging independent review by Michael Gibbons commissioned in December by Secretary of State Alistair Darling, and published today (21 March). The Government is committed to piloting any new approach to dis...
News | 21 Mar 2007
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Employment Tribunals: back to the future?
... Government £120m a year... They cost business £290m a year... But the number of disputes reaching tribunal is higher than ever! PLUS: PROPOSED PATERNITY LEAVE -- THE IMPACT ON BUSINESS OF FATHERS TAKING 26 WEEKS STUDYING HR THROUGH E-LEARNING · NATIONAL MINIMUM WAGE BEHIND THE SCENES AT A MOCK EMPLOYMENT TRIBUNAL THE SHAKE-UP OF THE TRIBUNALS SYSTEM FEATURING: Highly commended: PPA Magazine of the Year 2005 & 2006 -- interactive business and professional Highly commended: AOP Online Publisher of the Year 2005 -- business IN EVERY ISSUE: EMPLOYMENT LAW, HEALTH & SAFETY, PREMISES MANAGEMENT In ...
Magazine issue | 1 Jul 2007
