Alternative Dispute Resolution in Labour Disputes Malcolm Boswell 2 nd June 2010

About us: Non Departmental Government Body Mainly state funded – some income generation Responsible to Acas Council – provides legitimacy 30 years experience Independent and neutral Advise, conciliate and arbitrate Focus on dispute prevention and non judicial resolution

The need for ADR: 1960’s Trade Union protection of individual rights Donovan Report – Unfair Dismissal protection – Acas Code of Practice Growth in individual employment rights Growth in number of claims Increase in length of hearings 1999 Routes to Resolution White Paper – Cost of judicial determination unsustainable 2002 Act – Statutory Disciplinary and Grievance Procedures 2008 Act – Re-launch of Acas Code of Practice – ADR – return to Pre Claim Conciliation

From determination to prevention DISPUTE DETERMINATION ADR DISPUTE PREVENTION DISPUTE DETERMINATION DESIRABLEUNSTABLE AB

Collective action: Stoppage days, 1960–2006

Individual action: Employment Tribunal claims, 1972–2006

Pre Claim Conciliation The reawakening of Sec.134 EPCA/non ET 1 settlement: ET Claims Non ET1s Total ,632 17,692 37, ,917 13,647 37,564 Acas stops promoting its non ET1 service ,036 3,198 39, ,902 2,132 44, ,000 PCCs undertaken

Types of ADR - individual: Informal procedures and good management Critical friend Formal Grievance procedures – but! Mediation – facilitative – directive - with recommendations – internal or external Arbitration Conciliation – pre and cost claim to labour court Judicial mediation

Types of ADR – collective: Early neutral evaluation Boards of enquiry/investigations Conciliation/Mediation Arbitration Informal communication – working with reps/managers

Advantages: Cheaper and less resource intensive Confidential Voluntary More likely to maintain working relationship More likely to improve post working relationship Provides remedies not available at labour court Less likely to draw others in to conflict More pleasant for all concerned Swifter resolution Leads to cultural change within the organisation

Final thoughts: All disputes come to an end All disputes leave a legacy There is no silver bullet Relationships have to be worked at Prevention is better than cure Both sides can use the law The need for benchmark data – Engagement – Acas Model Workplace