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In December we advised you that the Government had asked for an independent review to be undertaken of the employment dispute resolution system in Great Britain, with a view to simplifying and improving it.
This eagerly anticipated review was published yesterday and sets out that the statutory dispute resolution procedures introduced in 2004, whilst having good intentions have introduced an unnecessarily high administrative burden for employers and employees and have led to early use of formal procedures to deal with matters which would previously have been dealt with informally.
The review also finds that employment tribunals are considered too costly and complex for all involved and are excessively focused on procedure rather than the merits of the case.
The review makes 17 recommendations in total, including that the Government should:
Support employers and employees to resolve more disputes in the workplace
- Repeal the statutory dispute resolution procedures set out in the Dispute Resolution Regulations
- Produce clear non-prescriptive guidelines on grievances, discipline and dismissal for employers and employees and expand tribunals’ discretion to take into account reasonableness of behaviour and procedure when making awards and cost orders
Actively assist employers and employees to resolve disputes that have not been resolved in the workplace
- Introduce a new simple process to settle monetary disputes on issues such as wages and redundancy pay without the need for a tribunal hearing
- Offer a free early dispute resolution service including, where appropriate mediation before a tribunal claim is lodged
- Offer incentives to use early resolution techniques by giving employment tribunals discretion, to take into account the parties’ efforts to settle the dispute, when making awards and cost orders
- Abolish the fixed ACAS conciliation periods
Make the employment tribunal system simpler and cheaper for users and government
- Simplify employment law
- Simplify the employment tribunal claim and response forms
- Encourage employment tribunals to engage in active early case management and consistency of practice.
The DTI has issued a consultation document entitled ‘Resolving disputes in the workplace’ seeking views on a range of issues arising out of the recommendations. The closing date for responses is 20 June 2007.
To read the review: click here
To read the consultation document: click here |
