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Alternative Dispute Resolution in Labour Disputes

Alternative Dispute Resolution in Labour Disputes Malcolm Boswell mboswell@acas.org.uk 2 nd June 2010. About us:. Non Departmental Government Body Mainly state funded – some income generation Responsible to Acas Council – provides legitimacy

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Alternative Dispute Resolution in Labour Disputes

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  1. Alternative Dispute Resolution in Labour Disputes Malcolm Boswell mboswell@acas.org.uk 2nd June 2010

  2. About us: • Non Departmental Government Body • Mainly state funded – some income generation • Responsible to Acas Council – provides legitimacy • 30 years experience • Independent and neutral • Advise, conciliate and arbitrate • Focus on dispute prevention and non judicial resolution

  3. The need for ADR: • 1960’s Trade Union protection of individual rights • Donovan Report – Unfair Dismissal protection – Acas Code of Practice • Growth in individual employment rights • Growth in number of claims • Increase in length of hearings • 1999 Routes to Resolution White Paper – Cost of judicial determination unsustainable • 2002 Act – Statutory Disciplinary and Grievance Procedures • 2008 Act – Re-launch of Acas Code of Practice – ADR – return to Pre Claim Conciliation

  4. From determination to prevention A B DISPUTE DETERMINATION DISPUTEDETERMINATION ADR ADR DISPUTE PREVENTION DISPUTE PREVENTION UNSTABLE DESIRABLE

  5. Collective action: Stoppage days, 1960–2006

  6. Individual action:Employment Tribunal claims, 1972–2006

  7. Pre Claim Conciliation The reawakening of Sec.134 EPCA/non ET 1 settlement: ET Claims Non ET1s Total • 19,632 17,692 37,324 • 23,917 13,647 37,564 Acas stops promoting its non ET1 service. • 36,036 3,198 39,234 • 41,902 2,132 44,034 2009 10,000 PCCs undertaken

  8. Types of ADR - individual: • Informal procedures and good management • Critical friend • Formal Grievance procedures – but! • Mediation – facilitative – directive - with recommendations –internal or external • Arbitration • Conciliation – pre and cost claim to labour court • Judicial mediation

  9. Types of ADR – collective: • Early neutral evaluation • Boards of enquiry/investigations • Conciliation/Mediation • Arbitration • Informal communication – working with reps/managers

  10. Advantages: • Cheaper and less resource intensive • Confidential • Voluntary • More likely to maintain working relationship • More likely to improve post working relationship • Provides remedies not available at labour court • Less likely to draw others in to conflict • More pleasant for all concerned • Swifter resolution • Leads to cultural change within the organisation

  11. Final thoughts: • All disputes come to an end • All disputes leave a legacy • There is no silver bullet • Relationships have to be worked at • Prevention is better than cure • Both sides can use the law • The need for benchmark data – Engagement – Acas Model Workplace

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