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Resolving Disputes in the Workplace Policy and Legislation

Resolving Disputes in the Workplace Policy and Legislation. Gail Davis Deputy Director, Dispute Resolution Employment Relations. Summary. Context Pre-6 April framework The Gibbons case for change What has changed? Which law applies? What it means for you. Context.

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Resolving Disputes in the Workplace Policy and Legislation

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  1. Resolving Disputes in the Workplace Policy and Legislation Gail Davis Deputy Director, Dispute Resolution Employment Relations

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

  3. 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!

  4. 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

  5. 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”

  6. 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 • regulations repealed • more discretion for tribunals taking Acas Code into account • adjustment of awards 0-25% • new Acas Code – principles based • plus non statutory guidance •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

  7. 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

  8. 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

  9. 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

  10. Any Comments or questions?

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