keynote speech by mandy mayer

A New Framework for Resolving Disputes

Mandy Mayer, CBE

BERR Employment Relations

Dispute ResolutionChanges to Employment Law

Summary• Context

• Current system

• What’s going to change and why

• The timetable

• Questions


Context• 132,577 employment Tribunal claims in FY

2006 / 2007

• average cost to employer = £9000

• plus non-financial costs

• employees spent on average £2500

• plus stress, health impacts etc

Only go there if you have to!


Current Framework• Employment Act 2002 (Dispute

Resolution) Regulations

• 3 step procedures for discipline & grievance in the law

• variation in award 10-50%

• Acas post-ET1 conciliation available for specified periods


The case for change• clarity but price too high

• problems formalised early

• escalation

• drove cases towards Tribunal

• burden on SMEs

• “focus on procedure not merits is now excessive” (Gibbons)


What will change?• Regulations to be repealed

• “fair and reasonable” test

• more discretion for tribunals

• taking Acas Code into account

• adjustment of awards 0-25%

• new Acas Code – principles based

• plus non statutory guidance


Which law will apply to my case?*• the “trigger event”

• date employer contemplated or started disciplinary or dismissal action

• date of action employee complains of in a grievance

• after 6 April 2009 – new regime

• before 6 April 2009 – old regime

* these transition arrangements await final decisions following a statutory consultation by BERR


More help available from Acas• enhanced helpline

• more capacity – longer hours

• clear, up-front advice on options

• time limits on post claim conciliation to be removed

• pre-claim conciliation service


More opportunities for mediation

• important role for mediation

• but need greater transparency and market awareness

• working with a network of mediation providers on the options


Timetable

• Employment Bill

• Secondary legislation

• Acas Code

Go live date 6 April 2009


Any Questions ?

Resolving disputes in the workplace – an opportunity

Mandy Mayer

BERR Employment Relations

keynote speech by mandy mayer

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