Dispute Resolution Procedures

Introduction date

Latest consultation closed 26 Sept 2008

Summary

The Department for Business, Enterprise and Regulatory Reform (BERR) consulted (to Jun 2007) on improvements to the workplace dispute resolution procedures. BERR also published, in response to submissions received, a supplementary review of options for the law relating to procedural unfairness in unfair dismissal. The government has published (May 2008) its response to the consultation.

Measures have been introduced in the Employment Bill, which will:

• repeal the existing statutory dispute resolution procedures and related provisions about procedural unfairness in dismissal cases;
• confer on employment tribunals discretionary powers to amend awards if parties have failed to comply with a relevant statutory code;
• make changes to the law relating to conciliation by Acas;
• amend tribunals' powers by which they may reach a determination without a hearing; and
• allow tribunals to award compensation for financial loss in certain types of monetary claim.

BERR has consulted further (to Sept 2008 on a range of measures relating to the dispute resolution system that require secondary legislation. These measures, together with the Employment Bill and other changes from the Dispute Resolution Review, will provide a framework for a more efficient system for dispute resolution which is easier to use and enables disputes to be resolved earlier, with less lost time, expense and stress for all parties.

The Bill (currently at Third reading (Commons)) is due to receive Royal Assent in autumn 2008, and the new measures are due in force from Apr 2009.