RESPONDING TO DISPUTE RESOLUTION
Following the publication of two DTI consultation papers on the statutory dispute resolution procedures (see LELRs 10 and 19), Thompsons has now produced its response.
Although it acknowledges that the procedures brought benefits to many employees (such as encouraging small employers to introduce procedures), these were outweighed by the sheer complexity of the procedures.
For instance, the procedures apply in some circumstances but not others and it is just about impossible for employees to know which are which. And because the three-month time limit is triggered differently for grievances as opposed to disciplinary scenarios, employees can be caught out.
As a result, tribunals have to regularly hold pre-hearing reviews, adding to costs and generally discouraging employees from getting their disputes resolved.
Thompsons has therefore concluded that the procedures should be repealed because of their complexity, and recommends that the best way to resolve problems in the workplace is for employers to recognise trade unions.
It also wants Acas, the Government’s conciliation service, to be given more powers and resources and recommends that the Government gets rid of the concept of fixed conciliation periods.
It also proposes that the tribunal service carries out a root and branch reform of the way in which tribunals operate – for instance, by simplifying application forms, increasing the current three month time limit to six and introducing test cases.
To access the response, go to:
www.thompsons.law.co.uk/ltext/success-at-work-resolving-disputes.htm