52001 Routes to Resolution Objectives Access to justice Fair and efficient tribunalsUser friendly service‘too many disputes were referred to ETs – more efforts were needed to resolve problems inside the workplace’.Inside the WorkplaceStatutory minimum D & G proceduresOutside the WorkplaceFixed period conciliationReduced ET qualifying period for Unfair Dismissal claims
62007 Gibbons Review of Dispute Resolution in Britain: - ‘the DRR’ ObjectivesReview the 2004 Regsto identify options to simplify and improve aspects of employment dispute resolution and make the system work more effectively for employers and employees, while preserving employment rights’Inside the WorkplaceRepeal statutory minimum D & G proceduresOutside the WorkplaceRepeal fixed period conciliation
7Gibbons - more A revised Acas Code More emphasis on mediation and early conciliation“Fundamentally, what is needed is a culture change, so that the parties to employment disputes think in terms of finding ways to achieve an early outcome that works for them, rather than in terms of fighting their case at a tribunal.”
8Pre Claim Conciliation : Objectives Produce earlier and speedier resolution of disputes – aiming to preserve more employment relationshipsReduce the admin burden caused by ETs - save time and money for employers and employees; and reduce the costs to the stateVolumes9000 in 200916,000 in 2011
9PCC Users (comparator = Employment Tribunal population) Greater useby smaller, private sectorworkplaces without an internal HR departmentLess usetrade union membersdiscrimination claimsmonetary claimsrepresentationSimilarproportion of unfair dismissal disputes
112011 Resolving Workplace Disputes (‘RWD’) ContextGrowth agendaRemoving barriers to recruitmentPromote maximum flexibility without compromising fairness…and objectivesEncourage early dispute resolutionPreserving the working relationshipEnable parties to bring matters to a quick and least painful closure where relationships had broken down.
12Resolving Workplace Disputes MeasuresInside the WorkplaceMore emphasis on mediationOutside the WorkplaceIncrease the UD qualifying periodIntroduce charging for Employment TribunalsEarly Conciliation
13What more can be done?Ensure that conflict is embedded on the modern workplace agendaMonitor ET claim rates, volumes but also characteristics and composition of claimsBe ambitious in workplace policies – include dispute resolution strategies in eachContinue to invest in ADR schemes and policiesEnsure robust evaluations of programmes or ‘packages’ of reforms, not just individual policy changesConsider opportunities for ‘cultural’ changes; seek alternative forms of dispute resolutionUse the seminar series to reinforce the conflict management agenda