Work dispute system reform 'squandered'

December 21 2003 - Acording to the TUC, new laws being introduced to resolve more workplace disputes represent a 'squandered' opportunity that might lead to an increase in Employment Tribunals and threaten an employee's right to a fair hearing. Moreover, in its response to consultations on new dispute resolution and Employment Tribunal procedures the TUC is arguing that the government is not sticking to its plan to reduce Employment Tribunals by improving workplace practices and has broken important promises.

Brendan Barber, TUC General Secretary, said:

'The opportunity to set up a proactive universal system for solving problems in the workplace before they escalate has been squandered. What is being proposed now is a fast-track, sacking procedure that is so confusing it will probably lead to an increase in tribunals rather than the desired decrease.

'Unions have shown that you reduce tribunals by building fair and open procedures for solving work problems in work. The government's back-to-front approach of throwing up as many hurdles to justice as possible removes the right to a fair hearing and is likely to backfire.'

Under the Employment Act 2002 all employers will be obliged to use a minimum three-step procedure to deal with employee disciplinary or grievance issues. Employees must have the right to use this procedure written into their contract. The Act was broadly supported by the TUC, because it aimed to create a universal system to deal with problems within the workplace, avoiding tribunals wherever possible, especially in small businesses.

But the draft regulations to implement the minimum procedures appear to contradict this pledge. According to the TUC. employees will not have a contractual right to use the three-step procedure (written grievance, hearing and appeal) and the procedures will not apply to oral and written warnings or suspensions. Therefore employers will have no duty to use the procedures to deal with day-to-day workplace issues, in practice the procedures will only apply when an employer has already decided to sack someone.

The TUC also asserts that the new rules will create confusion and uncertainty for both employees and employers and might lead to an increase in tribunal applications and appeals.

In its response to the consultation on Employment Tribunal Procedures, launched last week, the TUC is equally unhappy and says this throws up even more barriers to justice for UK employees. Under the government's plans Tribunal Chairs will be able to throw out employees' claims without a full hearing, just by reading the application form. The TUC believes that in attempting to 'filter-out' tribunal applications the government risks restricting an employee's right to a fair hearing guaranteed by the Human Rights Act.

HR articles Psychology of Management Give us a 6.00am start USA 90% vs. UK 10% Armed Forces sexual harassment to be addressed Academics and students abuse non-teaching staff, say UNISON Employment Statistics TUC attacks long hours culture Check your applications Learning survey Union recognitions stabilise HR Outsourcing Appeal for Corporate Killing Legislation UK top managers (almost) the best paid in Europe Public Sector Employment UK Workers Have Little Trust in Bosses National minimum wage increases Opening Doors for Women Entrepreneurs Skills Shortages Push Up Wages

Articles on BestBooks.biz The Community Practicing "Enlightened Power" 4 Steps to Cringe-Free Networking Work Leaders Employee Involvement Mergers and Acquisitions - the HR Dimension Employee Relations in the Asia Pacific UK Employment Law Knowledge Management The adult learner - andragogy The value of lectures Induction - orienting new employees The role of the trainer Learning Organizations Why is HRM increasingly important? High Performance Management Systems The Harvard Map of HRM Stakeholder theory Society Must Demand Honesty in Business, Say Entrepreneurs