Revamp for 'appalling' dispute rules welcomed_2
The government has admitted a "spectacular own goal" in deciding to revamp the statutory dispute procedure
The government has admitted a "spectacular own goal" in deciding to revamp the statutory dispute procedures just three years after they were introduced, according to one employment law expert.
Rob Eldridge, employment partner at Berwin Leighton Paisner, says that the current rules governing both disciplinary and grievance are "appalling", and welcomes a Department of Trade and Industry (DTI) consultation currently taking place on the subject.
The consultation period ends on 20 June. It follows a root-and-branch review of dispute resolution, started last year by Michael Gibbons, who is a member of the DTI's Ministerial Challenge Panel and the Better Regulation Commission.
Eldridge contends that the current procedures have only made people seek legal advice earlier, as the rules are so difficult to understand. For example, no one is sure how long an employee has to bring a claim against an employer.
Instead of reducing the need for lawyers to become involved, Eldridge maintains that the process has in fact become more complex and "formalised".
Now, three main options are being considered by the DTI. They include the provision of government guidance in dealing with disputes, by extending the remit of ACAS; informal mediation; and the discretion on the part of the tribunal to reflect their disapproval to anyone who does not make a "reasonable" effort to settle beforehand.
There is a problem however, with this last course of action. Eldridge says: "Lawyers love the word 'reasonable' because it means that they can argue as to what it means, which means that it will still be a costly process."
- To view the consultation document online, visit www.dti.gov.uk
