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Grievance and Disciplinary Procedures & Employment

Tribunal Rules: fairness or fudge?

Wednesday 13 June 2007

 Review of the Dispute Resolution
Regulations:
A More Flexible Future?

Ron Woods
Assistant Director, Individual Conciliation Policy,
Acas National

Institute of Employment Rights G&D Wednesday 13th June 2007

 Dispute Resolution Regulations review -
background

Government committed to review in two years

Michael Gibbons appointed Dec 2006, reported Mar
2007
Recommended major changes covering:
Resolving disputes in the workplace
Resolving disputes beyond the workplace
Employment Tribunal processes and practices
Formal public consultation on the DTI website at:
www.dti.gov.uk/files/file38553.pdf (closes 20th June)
Government will publish conclusions later this year

Institute of Employment Rights G&D Wednesday 13th June 2007

 Resolving disputes in the workplace

Removal of the statutory three-step procedures

- any unintended consequences?
Role of procedure in unfair dismissal
New / updated guidelines on resolving disputes
- mechanism to encourage parties to follow guidelines?
- incentives / penalties?
Employer and employee bodies to encourage and
promote early resolution

Institute of Employment Rights G&D Wednesday 13th June 2007

 Resolving disputes beyond the
workplace

New / enhanced advice service

Single entry point for employment tribunal claims
New quick approach for straightforward claims
More early conciliation of disputes
- Priorities?
Remove fixed periods for Acas conciliation

Institute of Employment Rights G&D Wednesday 13th June 2007

 Employment Tribunal processes and
practices
Simplified forms
Statement of loss when making claim
Unified time limits and grounds for extension
- what should they be?
Improved procedures and case management
Simplified management of multiple claimant claims
Powers to manage weak and vexatious claims
Role of lay members
Recommendations on discriminatory policies and
practices

Institute of Employment Rights G&D Wednesday 13th June 2007

 Dispute Resolution Regulations review
Acas perspective
Acas supports a package of measures which include :
the repeal of the statutory procedures
revised and strengthened statutory Acas Code or Codes
of Practice
enhanced information and advice services for employers
and employees
additional resources for conciliation / mediation before
and after claims presented to the tribunal
removal of fixed periods for conciliation
proactive case management through which tribunals
encourage parties to resolve claims without the need for
judicial determination
Institute of Employment Rights G&D Wednesday 13th June 2007
 Further Information

www.acas.org.uk

Institute of Employment Rights G&D Wednesday 13th June 2007