Presentation on theme: "Alternative Dispute Resolution: Navigating the Economic Recession Ian Fitzgerald School of the Built and Natural Environment."— Presentation transcript:
Alternative Dispute Resolution: Navigating the Economic Recession Ian Fitzgerald School of the Built and Natural Environment
Gibbons’ review (March 2007): Changes made in EA 2008 (repeal of the statutory dispute resolution procedures; greater role Acas) emphasis on advice and guidance which were the key; BIS consultation (Jan. 2011): “…a significant first step in taking forward the Government’s review of employment laws...” (BIS, 2011: 2). Introduction: Policy Background
BIS 2011 consultation government wanted: “…a reduction of workplace disputes as a result of line managers being able to manage conflict successfully…” (BIS, 2011: 4); Modernise and streamline the tribunals system; Acas a key body with all potential claimants having access to free pre-claim conciliation + potentially all claims to go to them first instead of Tribunals Service; Emphasis very much on improving existing procedures, advice and guidance to facilitate flexibility and in turn early dispute resolution. Introduction: So what was planned?
Ministry of Works: Central Council for Works and Buildings (1944) The Placing and Management of Building Contracts, in E.D. Simon (ed.), London: HMSO. Ministry of Works (1962) Survey of Problems before the Construction Industries, in: H. Emmerson (ed.), London: HMSO. Ministry of Public Buildings and Works (1964) The Placing and Management of Contracts for Building and Civil Engineering Work, in: H. Banwell (ed.), London: HMSO. Latham, M., Sir. (1994) Constructing the Team: Final Report of the Government/Industry Review of Procurement and Contractual Arrangements in the United Kingdom Construction Industry, London: HMSO. Egan, J., Sir. (1998) Rethinking Construction: The Report of the Construction Industry Task Force, London: HMSO. Construction: Conflict a tradition indeed convention?
Emmerson (1962) industry should focus its attention upon the dysfunctional relationships that typically existed between building industry-related organizations during the design development and on-site fabrication of new-build, medium-sized and large projects; Latham (1994) cited the lack of trust and insufficient money key factors that were choking the industry through chronic conflict; In the report of the Construction Task Force (Egan, 1998), Sir John Egan recognizes that the fragmentation of the UK construction industry inhibits performance improvement. He vindicates the existence of fragmentation by explaining that it typically involves: A large number of separate organizations in design, price determination, production and management; and The utilization of an extensive range of materials and components which are manufactured and supplied by a number of other industries. Construction: Conflict a tradition indeed convention?
With construction trust and partnering relations?: The Trusted Partner - £2billion vision What about employees? JIB-ECI – an island in a conflict based sea; With current government policy (BIS, 2011): Early resolution – Acas 1 st ET 2 nd not compulsory but one month ‘cooling off’ period; Modernising tribunals – longer unfair dismissal qualifying period, judges in control, fees and costs No state funding! Conclusions: Where are we now?