Dispute Resolution

1
Dispute Resolution

• Donald MacKinnon
• Law At Work
• www.lawatwork.co.uk

2
Dispute Resolution

• Background to 2002 Regs
• Statutory Procedures
• How Have the Courts Interpreted the Procedures?
• The Future?
• Alternative solutions to reduce the number of
  claims

3
Problems with the Current System

• Rising Number of Claims
• Increasing Complexity of Claims
• lengthier hearings
• split hearings
• Failure of Previous Attempts to Reduce Claims
• Claims Settling at Last Moment

4
Stat Procedures - Dismissal

• Minimum Process to be Followed
• Failure to Adhere to Process
• Automatically unfair
• Increase in compensation of between 10 and 50
• Covers all Dismissals and Actions Short of
  Dismissal

5
Stat Procedures - Grievance

• Minimum Processes
• Standard or modified procedures
• Failure to Adhere
• Bar on raising tribunal proceedings
• Increase/decrease in compensation of between 10
  and 50

6
Stat Procedures in Practice

• Compare
• Grievances in Shergold v Fieldway Medical Centre
  and Canary Wharf Management v Edebi
• Dismissal procedures in Alexander anor v
  Bridgen Enterprises Ltd and YMCA Training v
  Stewart
• Have the Procedures Achieved their Aim?
• Appointment of Independent Review

7
Are the Procedures Working?

• Practical benefits of Procedures
• Have they helped resolve disputes pre-tribunal?
• Complexity of Procedural Rules
• Draconian Sanctions
• Denial of justice
• Inconsistency

8
The Future

• Is there a Better Way of Regulating Workplace
  Disputes?
• How to Deal with Increasing Legislation/Complexity
  
• Internal Solutions
• Compromise agreements
• without prejudice discussions
• External Alternatives to Litigation
• mediation
• Enhanced role for ACAS