Government publishes response to consultation on dispute resolution
The Government has published a response to the consultation document, ‘Resolving disputes in the workplace’, containing measures aimed at simplifying the dispute resolution process in light of the recommendations of the Gibbons Review. The response sets out the changes that will be made by the Employment Bill, which vary little from the original proposals, as well as a few matters for further consultation.
The document explains the Government’s reasoning behind changes such as the abolition of the statutory dispute resolution procedures, the introduction of a revised Acas code, and the corresponding tribunal power to increase or decrease awards by up to 25 % to reflect a respondent’s or claimant’s unreasonable non-compliance with the code. It also contains details of the proposed new ‘fast track’ procedure for straightforward monetary claims, which will allow holiday pay, national minimum wage, breach of contract, redundancy pay and unlawful deductions from wages claims to be determined without a hearing in certain circumstances. Proposals about how this new procedure will operate will be put out for further consultation.
There will also be consultation on the introduction of new ET1 forms for commencing proceedings in the employment tribunal, with a view to producing a simplified version of the form. However, the Government has decided that there is no need for changes to the rules on time limits for bringing tribunal claims, nor to the rules governing the circumstances in which the time limits can be extended.
The response can be viewed at:
http://www.berr.gov.uk/files/file46233.pdf
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
