This about face follows the Gibbons Review into
simplifying and improving all aspects of employment dispute resolution. The main recommendations of the review are that:
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Employers and employees should be supported to resolve more disputes
in the workplace,
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Employers and employees are actively assisted to resolve disputes that haven't been resolved in the workplace and
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The employment tribunal system should be simpler and cheaper for the users and the government.
Some of the key proposals are that -
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There are clearer, simple and non- prescriptive guidelines for discipline, grievance and dismissals, e.g. simplified processes for monetary disputes of wages, redundancy and holiday pay;
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There are incentives to comply with guidelines of which employment tribunals will take account of reasonableness of behaviour;
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Employers and employees should be encouraged to reach early dispute resolution through in-house mediation, neutral evaluation and provisions in contracts of employment;
and
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There is a redesign of the employment tribunal application process, so that potential claimants access it through the helpline and receive advice on alternatives when doing so.
So it looks like that by 2009 we should have slightly less formulaic and procedurally dependent dispute resolution guidelines in place. The likely outcome is
a code of practice covering workplace disputes, and giving tribunals the power to increase or reduce compensatory awards if the code is not complied with.
However, this won't change the essentials for employers. Disciplinary action will still need to
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Be reasonable and fair and employees given the chance to respond to accusations before action is taken.
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Employees will still need to be consulted in redundancy situations.
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Grievances will still need to be taken seriously.
In a nutshell the importance of training your managers to be able to confidently handle problems as and when they arise is undiminished.
For advice and guidance on any workplace problem or to discuss how we can offer your managers practical training contact your HR Advantage consultant or call or e-mail Lynne on 01494 455073,
lynne@hradvantage.co.uk or call your nearest HR Advantage office: High Wycombe 01494 451681, Honiton 01404 42359, Shrewsbury 01743 245564.
