Employment Law Update: Fairness At Work

November 12th 2008, Liverpool

Institute of Employment Rights, Employment Law Update, 12th November 2008

Sponsored by

Acas and the Dispute Resolution Review

Rob VondyArea Director

Acas North West

Gibbons review

Aim of review

• To identify options for simplifying and improving all aspects of employment disputes resolution, to make the system work better for employees and employers whilst preserving employment rights

The Gibbons Challenge – to Government

“The key message from this Review is that inflexible, prescriptive regulation has been unsuccessful in this context and it follows that the measures to be used in future should be much simpler and more flexible – and therefore will offer rather less certainty and predictability in their operation.”

Better Dispute Resolution - Michael Gibbons (DTI March 2007)

Acas Advice ServiceGibbons recommendation

“The Government should increase the quality of advice to potential claimants and respondents, through an adequately resourced helpline and the internet, including as to the realities of tribunal claims and the potential benefits of alternative dispute resolution to achieve more satisfactory and speedier outcomes.”

Better Dispute Resolution - Michael Gibbons (DTI March 2007)

So what will be new?

• No more 3 stage procedure

• Earlier resolution of disputes

• Earlier access to Acas Conciliator

• Easier access to Acas Helpline

Acas Advice ServiceChanges

• Enhanced Advice Service

• Ensuring Service Quality

• Making the Service more accessible

3 step procedure

Problems identified by Gibbons

• Rather than encouraging early resolution of disputes – formal dispute procedure followed when informal possible

• One size fits all

• Complexity of procedure meant both parties seek external advice earlier

Discipline & GrievanceCode of Practice

• Revision of code in light of Employment Bill

• Short and principles based (brevity v prescription?)

• 25% adjustment

• Detailed non-statutory guidance

• Implementation April 2009

Acas Going Forward

• Additional money – up to £37 million

• Enhanced helpline

• Pre-claim conciliation

Aim: push dispute resolution back into workplace

The benefits of pre claim conciliation – part 1

• Saves time and money

• Minimises stress

• Quick solution

• Win-win outcome

The benefits of pre claim conciliation – part 2

• Ownership of the outcome

• Terms to suit the parties

• Can avoid a permanent breakdown of the employment relationship

• Implementation date

The new approach

• From regulating negative behaviour

• To encouraging positive behaviour

Further sources of help

• Acas helpline 08457 47 47 47

• Acas Website acas.org.uk

• BERR Website berr.gov.uk/employment