DTI Calls For Radical Overhaul
28th March 2007
In response to much criticism of the statutory dispute resolution procedures, the DTI has now called for a radical overhaul. The most significant proposals are as follows:-
- The current statutory procedures should be replaced with clear, simple, non-prescriptive guidelines.
- Rather than referring to failure to follow the prescriptive procedures, Employment Tribunals should take into account the reasonableness of the actions of the parties and the parties’ efforts to settle disputes when making awards.
- A new, simple process to settle monetary disputes on issues such as wages, redundancy and holiday pay should be introduced.
- Potential claimants would access the employment tribunal system through a newly established helpline and receive advice on alternatives to employment tribunal proceedings.
- A free, early dispute resolution service should be offered, possibly mediation, before a tribunal claim is lodged in certain cases. The time limit on ACAS conciliation would also be removed.
- The Employment Tribunal claim and response forms should be simplified, eliminating the ‘tickbox’ approach to specifying claims and encouraging claimants to give a succinct statement or estimate of loss.
- The Employment Tribunals' powers to deal with weak and vexatious claims should be considered.
For more information, please contact:
Glasgow: Paul Brown or Michael McLaughlin
Edinburgh: Alan Strain
The information contained in this article is given for general information only and does not constitute legal advice on any specific matter.