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Employment Tribunals: back to the future?

Workplace Law Magazine is available only to Premium Members of the Workplace Law Network. Produced 10 times each year, it is distributed in hard copy format in the first week of the month, and is also available online.

  • Latest issue: August 2008
  • Back issues

January 2007
Issue: 29




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Employment Tribunals: back to the future?

There will always be disputes in the workplace. Where people are involved, there will always be disagreements and upsets. We can't avoid them entirely, but what we can do is manage them properly.

If complaints were managed better, then the spiral into cases fit for tribunal may be avoided in most situations - and undoubtedly this was the thinking behind the Employment Act 2002 (Dispute Resolution) Regulations 2002, introduced back in October 2004.

But it seems these regulations introduced a whole new raft of problems (and costs!) - while also largely failing in their aim to reduce the number of cases going to tribunal. Rather than helping to solve disputes, the regulations have given employers another duty to focus on - following complication procedures.

The DTI has carried out an extensive review of the success of these procedures and this month, in an emploment law special, we speak to those at the heart of the matter - Michael Gibbons of the Ministerial Challenge Panel, who carried out the review; the Centre for Effective Dispute Resolution; and ACAS.

In this issue...

Dispute resolution... the repeal of the procedures
The Dispute Resolution Procedures were introduced to promote better communication in the workplace, and encourage people to talk through disputes, thereby avoiding the need for Employment Tribunals. Instead, the formal procedures appear to have discouraged a more natural resolution process and driven people towards tribunals.

Who's the daddy?
Proposals for new paternity rights could see a sector of the workforce previously immune to the effects of childbith suddenly become absent from the workplace for up to six months. Patrick Dye examines the real financial and practical imaplications for employers.

Should the national minimum wage continue to rise?
On 1 October 2007 the National Minimum Wage will rise again. Jeffrey Jupp of Severn Bedford Row considers the likely impact on the workplace.

Tribunals Service shake-up: one system, better service?
The tribunal system has been wrought with problems that are now being addressed in the biggest shake-uo in over 50 years. What will this mean for Employment Tribunals, asks Claire Fuller.

Behind the scenes at the Mock Employment Tribunal
Omar Akram of Witan Jardine gives a delegate's view of Workplace Law's Mock Employment Tribunal, which took place in Westminster on 21 May.

Ceritificate in Personnel and Practice: an HR course in 20 weeks
The CIPD Certificate in Personnel and Practice provides a firm foundation in all areas of personnel. Workplace Law Magazine speaks to the course director and a student on the course to find out what it entails.

Employment law update
Details of important changes in legislation affecting the workplace.

Case law
Legal experts offer their advice to employers on the implications of recent case law.

Technical guidance
In-depth guidance on: flexible working; extending the right to request to carers; long hours culture: driving home the message; and work-related stress - when is an employer liable?

Clinic
What welfare services must we provide for a pregnant member of staff?

Analysis
An analysis of Employment Tribunal claims.

 


No. Date of Issue Title
43 Aug 2008 2009: new beginnings
42 Jun 2008 Reality bites: managing in a recession
41 Feb 2008 Euromillions
40 Mar 2008 Identity charade
39 Oct 2008 Evacuation versus invacuation
38 May 2008 Perk of the job? Managing the risks faced by loneworkers
37 May 2008 Employment law is changing - but don't tell anyone how
36 Jul 2008 Have we binned your Workplace Law Magazine?
35 Feb 2008 Killing time
34 Jan 2008 Health hazards: keeping a lid on panic
33 Jan 2008 "We don't serve wheelchairs"
32 Aug 2007 3 strikes and your fire's not out!
31 Oct 2007 Facefacts: The real cost of social networking to your business
30 Jan 2007 How much does it cost to kill someone at work?
29 Jan 2007 Employment Tribunals: back to the future?
28 Jan 2007 Smoking ban special
27 May 2007 Contractors: are you watching them?
26 Jan 2007 Occupational health: an unnecessary expense?
25 Jan 2007 CDM special
24 Jan 2007 Energy management special issue
23 Jan 2006 What is reasonable adjustment?
22 Jan 2006 £20 if you can prove you’re competent
21 Jan 2006 London’s burning, where’s the engine?
20 Jan 2006 R v. Beckingham: case closed
19 Jan 2006 Mug’s game? Excessive risk aversion
18 Jan 2006 Licence to… protect your workplace?
17 Jan 2006 The sex issue
16 Jan 2006 Has the HSE lost its bite?
15 Jan 2006 H5N1 Bird Flu: Are you playing chicken with your company’s future?
14 Jan 2006 Old git, or still work fit?
13 Jan 2005 The year of living dangerously
12 Jan 2005 The burning issue
11 Jan 2005 Disability access: is it becoming clear yet?
10 Jan 2005 Business as usual? London bomb blasts
9 Jan 2005 Who's looking at you?
8 Jan 2005 Legionella trial special
7 Jan 2005 Religious beliefs: should employers cater for all faiths?
6 Jan 2005 No smoking? Employers face the costs of kicking the habit
5 Jan 2005 Playing with numbers: TUPE special issue
4 Jan 2005 Directors' responsibilities for health and safety
3 Dec 2004 2005: getting to grips with the legal year ahead
2 Jan 2004 Stress management special
1 Jan 2004 Face facts: how much do you really know about disability legislation?

SEARCHING WORKPLACE LAW MAGAZINE

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Fully updated for 2009

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EBULLETINS

20 Nov 2008 4:28PM

The Employment Bill becomes the Employment Act

The Employment Bill has received Royal Assent and has become the Employment Act 2008.

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NETWORK NEWS

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Workplace Law to deliver CIPD accredited courses in London

Workplace Law Training has been awarded approval to deliver accredited HR training courses in cen...

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NEWS

5 Jan 2009 3:06PM

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WHAT THE PAPERS SAY

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