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23 March 2005

GARDINER WELCOMES NEW WORKPLACE DISPUTES LAW

Minister with responsibility for Employment and Learning, Barry Gardiner, MP, today welcomed new laws designed to help employers and employees resolve disputes at work.

The laws, which will come into operation on 3 April, are designed to facilitate the early resolution of many workplace disputes. They mean that employees with a complaint about an employment rights issue at work, or employers who want to discipline or dismiss an employee, will have to follow - as a minimum - a procedure consisting of three basic steps:

  1. The person making the complaint should put it in writing and send it to their employer or employee, as appropriate.

  2. Both the employer and employee should then attend a meeting to discuss and attempt to resolve the problem. At this meeting, the employer will make a decision about the issue.

  3. If the employee is unhappy with the employer's decision made at the first meeting, an appeal meeting should be held.

Outlining the reasoning behind the new laws, the Minister said; "Few would disagree that employment disputes can be stressful, time-consuming and even costly. Furthermore, if they aren't resolved at an early stage, they can seriously damage workplace morale. In short, disputes are bad for business.

"While problems at work can often be resolved by a straightforward, informal chat, formal mechanisms should be available to everyone to help deal with issues which cannot be resolved in this way. That's where the new law comes into play. By ensuring that all employers have in place a minimum procedure for resolving disputes as close to their source as possible - the workplace itself - it will give all concerned a chance to sort out the problem at an early stage and thus avoid all the difficulties that can be associated with taking a case to an industrial tribunal or the Fair Employment Tribunal."

The Minister emphasised that many employers are already prepared for the 3 April implementation date, having procedures in place which are well above the new minimum standard. He added that he felt that small employers in particular, after some initial work, would benefit from the new laws. He said; "It is the small employers who often lack robust internal procedures and can face the daunting prospect of a tribunal application landing on their desk without any warning. The new laws will make that a thing of the past. All employers, irrespective of size, will have to operate the new procedure, as a minimum, and tell their employees about it."

Failure to follow the minimum procedure could mean that an employee's claim will not be accepted by a tribunal, or (depending on who is responsible for the failure) could affect compensation awarded following a successful tribunal claim.

The new laws on resolving disputes come into operation at the same time as new Rules of Procedure for industrial tribunals and the Fair Employment Tribunal. The Rules will likewise emphasise the desirability of resolving disputes at the earliest possible stage, for example, through the introduction of a short, voluntary fixed period of conciliation in respect of certain types of case. Where this avenue fails, the new Rules are designed to deliver a better service and swifter justice for all, by speeding up the passage of cases through the tribunal system.

NOTES TO EDITORS:

  1. The new 'Dispute Resolution' laws are contained within the Employment (NI) Order 2003 [2003 No. 2902 (N.I. 15)], and the Employment (NI) Order 2003 (Dispute Resolution) Regulations (NI) 2004 (S.R. 2004 No. 521). They come into operation on 3 April 2005.

  2. The revised tribunal Rules of Procedure are contained in the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (NI) 2005 (S.R. 2005 No. 150) and the Fair Employment Tribunal (Rules of Procedure) Regulations (NI) 2005 (S.R. 2005 No. 151), due to come into operation on 3 April 2005.

  3. All employers have been notified by mail of the new 'Dispute Resolution' legislation and its implications for them. Tools have been provided to assist them to inform their employees.

  4. Guidance on the new laws is available from www.delni.gov.uk/resolvingdisputes or by phoning the Labour Relations Agency on 028 9032 1442 or 028 7126 9639.

  5. For further information, contact the Department for Employment and Learning Press Office on 028 9025 7872.

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