Resolving Disputes in the Workplace

Policy and Legislation

Gail DavisDeputy Director, Dispute Resolution

Employment Relations

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Summary

• Context• Pre-6 April framework• The Gibbons case for change• What has changed?• Which law applies?• What it means for you

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Context

• 189,300 employment tribunal claims in FY 2007 / 2008

• employees spend on average £2500 + stress, health impacts etc

• average cost to employer = £9000 + non-financial costs

Only go there if you have to!

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Pre-6 April Framework

• 2004 Dispute Resolution Regulations• 3 step procedures for discipline & grievance in

the law• variation in award 10-50%• Acas post-ET1 conciliation available for specified

periods

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The Gibbons case for change

• clarity but price too high• problems formalised early• escalation• drove cases towards Tribunal • “focus on procedure not merits is now excessive”

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What has changed?

• regulations repealed • more discretion for tribunals taking Acas Code

into account• adjustment of awards 0-25%• new Acas Code – principles based• plus non statutory guidance• more investment in Acas services

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Which law applies?

• the “trigger event”• date employer started disciplinary or dismissal

action• date of action employee complains of in a

grievance• after 6 April 2009 – new regime• before 6 April 2009 – old regime

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What does this mean?

• more flexibility, more options for parties involved in a dispute

• opportunity to focus on resolution• possibility to signpost to alternative forms of dispute

resolution e.g. mediation, pre-claim conciliation• Also enhanced Acas helpline - open longer hours, more

advisers, better technology

Result = less cost, less disruption,

happier employees, better workplace relations

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Further advice and information

• You can find out more information about how to deal with workplace disputes in the joint BERR / Acas / CAB / TUC leaflet “what you need to know – dealing with problems at work” and on www.directgov.uk/resolvingdisputes

• The full Employment Act and explanatory notes is at: http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-act-2008/index.html.

• Detailed information on the transitional arrangements is at: http://www.berr.gov.uk/resolvingdisputes

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• Any Comments or questions?