Resolving Disputes in the Workplace Policy and Legislation Gail Davis Deputy Director, Dispute Resolution Employment Relations

2 Summary Context Pre-6 April framework The Gibbons case for change What has changed? Which law applies? What it means for you

3 Context 189,300 employment tribunal claims in FY 2007 / 2008 employees spend on average £ stress, health impacts etc average cost to employer = £ non-financial costs Only go there if you have to!

4 Pre-6 April Framework 2004 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

5 The Gibbons case for change clarity but price too high problems formalised early escalation drove cases towards Tribunal “focus on procedure not merits is now excessive”

6 What has changed? regulations repealed more discretion for tribunals taking Acas Code into account adjustment of awards 0-25% new Acas Code – principles based plus non statutory guidance more investment in Acas services

7 Which law applies? the “trigger event” date employer 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

8 What does this mean? more flexibility, more options for parties involved in a dispute opportunity to focus on resolution possibility to signpost to alternative forms of dispute resolution e.g. mediation, pre-claim conciliation Also enhanced Acas helpline - open longer hours, more advisers, better technology Result = less cost, less disruption, happier employees, better workplace relations

9 Further advice and information You can find out more information about how to deal with workplace disputes in the joint BERR / Acas / CAB / TUC leaflet “what you need to know – dealing with problems at work” and on The full Employment Act and explanatory notes is at: nt-legislation/employment-act-2008/index.html. nt-legislation/employment-act-2008/index.html Detailed information on the transitional arrangements is at:

10 Any Comments or questions?