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.
Employment law is changing - but don't tell anyone how
It’s been a hard slog to get any clarity from those in the know when it comes to plans to overhaul employment law and the legal system.
We set out to discover two key things this issue:
1. What’s going to replace the failing Dispute Resolution Procedures?
2. Are lay members being removed from the Employment Tribunal process and, if so, what is this going to mean for employers facing claims against them?
Suffice to say, the response has been a bit cloak and dagger – particularly when it comes to the Employment Tribunal system. We spoke to various organisations on the matter, some of whom simply refused to comment. The Government insists that there are no plans to get rid of lay members from the Employment Tribunal process. The Tribunals Service says there are no plans to get rid of lay members, and if there were they would let those concerned know. And yet an amendment to the Employment Bill designed to protect the role of lay members has been removed, a Government consultation has stated that it might be "desirable" to consider amending the Employment Tribunals procedure, and lay members still feel concerned that there might not be a role for them in the future. So what is really going on? And why is there such a sense of secrecy surrounding the issue?
There was more to go on when investigating and reporting the issue of dispute resolution; after all, there has been a full independent review and several recommendations for change made. But there are still a lot of ‘ifs’ remaining.
The existing Dispute Resolution Procedures failed so utterly in achieving what they were designed to: reduce the number of disputes that reach tribunal stage by encouraging earlier dispute resolution within the workplace. But nothing is going to change until 2009 at the earliest — so employers still have a year of grappling with the procedures — and even then we don’t know what will eventually replace them.
Of the recommendations made by the review, it’s as yet unclear how many the Government will take on board, but it does at least appear that the right steps are being taken. Find out what we’ve been able to uncover and what this could mean for you as an employer from p. 26.
In this issue ...
Latest
5 EDITORIAL
Is the Government about to get us into another fine mess with its latest overhaul of employment law?
6 LEGAL CALENDAR
Key legislative dates and events taking place during May and June.
8 CASE LAW
- 'Minimal' requirements for Step 1 Statutory Grievance Procedures.
- Hourly-paid lecturer wins full-time employee rights.
- Clarification of extended deadline for ET claims.
Comment
7 HUMBLE PIE AND INDIGESTION
Last month's special sustainability issue of Workplace Law Magazine generated some strong comment and debate. Kelly Mansfield examines the lessons learned.
21 LAWYERS DON'T ADVISE ANYMORE ...
Legal advisors are not giving 'advice' anymore, they are simply regurgitating the law, says Darren Sherborne.
Focus
10 EMPLOYMENT TRIBUNALS ARE CHANGING, BUT DON'T TELL ANYONE HOW
The Tribunals Service says there are no plans to get rid of lay members, and if there were they would let those concerned know. And yet an amendment to the Employment Bill designed to protect the role of lay members has been removed, a Government consultation has stated that it might be "desirable" to consider amending the Employment Tribunals procedure, and lay members still feel concerned that there might not be a role for them in the future. So what is going on?
14 EMPLOYMENT TRIBUNALS: THE ECCENTRICITIES OF THE SYSTEM
It is the eccentricities of the Employment Tribunal system that sometimes provide the most outrageous results in case law. Claire Fuller looks at the top ten silliest cases.
18 HOW ARE DISPUTES RESOLVED INTERNATIONALLY?Kelly Mansfield speaks to the Labor and Employment Relations Association to establish how effectively workplaces disputes are resolved in the US.
Network
22 YOU'VE GOT TO SEE THE FUNNY SIDE
The key to being a good employment lawyer is to tell people what the law means, rather than what the law says. So says Tim Thompson, Employment Partner at Hegarty LLP Solicitors.
24 CLINIC
Workplace Law Network premium members discuss issues around flexible working and discrimination.
Challenge
26 REPLACING THE DISPUTE RESOLUTION PROCEDURES
Workplace Law Network premium members discuss issues around flexible working and discrimination.
Technical
28 LEGAL UPDATE
In-depth information and guidance on: Changes to the Sex Discrimination Act: what do they mean in practice; The case of the heterosexual man and the homophobic banter; and UK companies expanding into EU Countries: the employment issues.
The data
32 THIS MONTH'S STATISTICS
Key statistics and information on health and safety and employment law.
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