ATL

Resolving workplace disputes

The 2004 statutory dispute resolution procedures, which cover disputes between employer and employee, are to be replaced by a revised Advisory Conciliation and Arbitration Service (ACAS) code of practice. ATL solicitor Kehinde Adeogun explains the changes

The revised ACAS code of practice comes into force in April 2009 and covers England, Wales and Scotland (Northern Ireland has separate procedures). The changes have come about as both employee and employer representatives found the existing procedures did not facilitate the early resolution of disputes.

Following the procedures was not only costly but it also tended to polarise the parties involved. All the evidence indicated that the procedures led to disputes becoming more formal at an earlier stage than was necessary. The result was that employers and employees focused on following procedure rather than trying to work out ways of resolving the dispute.

Evidence arising out of a government review of the soon-to-be-repealed procedures showed that although 75% of workplace disputes were resolved without a tribunal hearing, a number of these could realistically have been resolved much sooner. The review also revealed that a number of the claims which resulted in hearings could have been resolved in a workplace setting.

Following the review, the proposed changes were consulted on publicly. ATL was one of 400 organisations and individuals that responded to the consultation.

The aim of the new procedures detailed in the ACAS code of practice is to simplify the process of resolving workplace disputes. The hope is that disputes will be resolved at an earlier stage, and that less time and money will be expended by both parties. Ultimately this will also reduce the stress involved in resolving such disputes.

From April 2009 there will be no need to follow the previously strictly adhered-to three-step dispute resolution process. There will still be a need for some procedures so that both parties know how the dispute is to be resolved.

As well as less formal procedures, a new fast-track claims system is to be introduced, which ATL hopes will reduce the inordinate length of time it can take for some claims to be heard at tribunal.

There are also changes to the way in which tribunals can increase or decrease awards as a result of a failure to follow the new procedure. A tribunal will now have the discretion to increase or decrease an award by up to 25%.

There will no longer be a right to make a claim for automatic unfair dismissal as a result of an employer's failure to follow procedures. In addition there is no longer an extension of time, of up to three months, to enable a claim to be issued in the tribunal as a result of following the procedures.

Another new development is that ACAS will facilitate a pre-claim conciliation service to assist employees and employers to resolve disputes at the earliest opportunity. ACAS will also be able to conciliate on claims that are issued in the tribunal, with no time limits on their involvement.

A further change involves the possibility of some claims being dealt with in writing only, without the need for a hearing at a tribunal.

ATL officials will work closely with the new procedures in assisting members to resolve their workplace disputes.

If you are involved in a workplace dispute, please contact your workplace ATL rep or branch secretary for advice and assistance.