Possible reform for employment disputes
Tuesday, 7 July 2009
It is only a few weeks since I last wrote about the dispute resolution procedures to let you know that from April in England, Wales and Scotland the statutory grievance, disciplinary and dismissal procedures were replaced by non-statutory procedures which are discretionary rather than mandatory.
The changes mean that there is no need to raise a written grievance with an employer before submitting a claim to an industrial tribunal.
These changes did not come into force in Northern Ireland and the current dispute resolution procedures continue to apply.
Since April 2005 all employers must follow minimum procedures for resolving employment disputes. The minimum procedures are for dealing with grievances, disciplinary action and dismissal.
The Department for Employment and Learning (DEL) is now consulting on the possible reform of employment rights disputes in Northern Ireland. This follows a pre-consultation process undertaken by DEL which looked at the major issues around workplace disputes in Northern Ireland.
Following this it became clear that there was a desire for the reform of the current dispute resolution procedures in Northern Ireland.
Citizens Advice took part in the pre-consultation process and our advisers have experienced many problems with the current system of resolving workplace disputes mostly centred around the issue that the Regulations are too complex.
Many employers, particularly small employers are very confused about the procedures involved and the process is also difficult for employees to understand particularly for those who have little or no English.
The consultation document is available on the DEL website at www.delni.gov.uk and asks the key stakeholders a number of questions about what they believe to be the best way forward. The consultation document asks questions in four key areas:
- Whether there is more that can be done to prevent disputes or stop them from becoming serious including what support is needed for small businesses to establish and maintain an employment relations culture supportive of dispute prevention/ informal resolution of workplace disputes?
- The future of the statutory dispute resolution procedures introduced in April 2005 — should these procedures be retained in their current form, modified in part so that a statutory process remains or should they be repealed in full and replaced with a voluntary compliance regime?
- The potential for better use of Alternative Dispute Resolution (ADR) mechanisms including conciliation, mediation and arbitration — should the role of the Labour Relations Agency (LRA) be strengthened to realise early resolution in more disputes without the need to go to a tribunal?
- Possible changes to the way in which employment-related tribunals operate — how could the tribunal system be improved to the benefit of both employers and employees?
DEL will be participating in a number of events during the consultation period which will allow further debate on these issues.
Details of these events will be available on the DEL website at www.delni.gov.uk/resolving disputes. The formal consultation period closes on September 4.
Further information on the current workplace dispute resolution procedures is available from your local CAB or from the Department for Employment and Learning by telephoning 028 9025 7580 or from their website at www.delni.gov.uk/er.
Siobhan Harding is an Information and Policy Officer with Citizens Advice
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