DEPARTMENT FOR
BUSINESS, ENTERPRISE AND REGULATORY REFORM News Release (2009/95)
issued by COI News Distribution Service on 3 April 2009
Resolving problems
at work should now be easier for people and businesses, Employment
Relations Minister Pat McFadden said today.
From Monday, a new streamlined process for resolving disciplinary
and grievance issues will come into effect. The central aim of
this is to reduce the number of people going to employment
tribunals and simplify the system for dealing with workplace disputes.
Minister for Employment Relations, Pat McFadden said:
"Tribunals can be costly, time-consuming and draining for
people and businesses alike.
"We have changed the rules so that employers and employees
will have greater flexibility to deal with grievances and
disciplinary issues at work at the earliest opportunity.
Acas' expanded helpline and conciliation services will play a
key role in delivering this".
Employees and employers will be able to call the Acas helpline
for impartial and confidential advice on the options available for
resolving workplace problems. They will also be able to access a
free early conciliation service for certain types of cases, with
the aim to reduce the need for people to enter into full tribunal procedures.
Following the passage of the Employment Act 2008, a number of
obligations on employers and employees when dealing with workplace
issues have now been removed.
The previous system, which instructed employers to follow a
mandatory three-step system in resolving disputes, will be
dismantled and employers will instead develop systems which best
suit their workplace. Acas has developed a statutory code of
practice to set out best practice guidelines for employers.
Justice Minister Bridget Prentice said:
"We welcome these new changes and will be monitoring their
impact on the Employment Tribunal system closely. The aim is that,
where possible, it will be easier - and quicker - for both
employees and employers to resolve their disputes in the
workplace, without needing to escalate them to the Employment
Tribunal. However, even where this is not possible it will still
mean a quicker and more streamlined approach for those claims that
do end up at the tribunal."
John Taylor, Acas Chief Executive said:
"These changes should help improve relationships between
managers and employees: cutting down disputes whilst saving time,
money and stress for all concerned."
TUC General Secretary Brendan Barber said:
"It is always best if employers, employees and their union
representatives can fairly resolve problems in the workplace.
These new dispute resolution arrangements rightly focus attention
back on internal grievance and disciplinary procedures."'
Katja Hall, Employment Policy Director at the CBI said:
"CBI members attached great importance to this review and
are pleased that the new regulations place substance rather than
procedure back at the heart of resolving workplace disputes. This,
and the focus on addressing problems at work early, will increase
the number of workers who stay in their jobs, have a positive
impact on industrial relations and can reduce costs for all parties."
Ben Wilmott, senior public policy adviser at the Chartered
Institute of Personnel and Development adds:
"As a result of these changes, I am optimistic that
employers will benefit from greater opportunities to resolve
disputes in the workplace before they escalate to the point where
they end up in an employment tribunal".
Notes to Editors
1. For details of the regulatory procedures that apply until 6
April and for those which apply from 6 April go to: http://www.direct.gov.uk/resolvingdisputes
and http://www.businesslink.gov.uk/resolvingdisputes.
For details of the transitional arrangements that will apply go to
http://www.berr.gov.uk/resolvingdisputes.
2. The Employment Act received Royal Assent on13 November 2008.
It makes the following key changes to the law: a) the existing
statutory procedures for dealing with discipline, dismissal and
grievance issues, as set out in the Employment Act 2002, will be
repealed. b) employment tribunals will have discretionary powers
to adjust awards by up to 25% if employers or employees have
failed unreasonable to comply with the revised principles based
Acas Code of Practice and c) the fixed time limits on Acas
post-claim conciliation have also been removed.
3. Acas can now step in earlier, their helpline number is 08457
47 47 47 and is open 0800 - 2000 Mon to Fri and 0900 - 1300 on
Sat. Acas' early conciliation service can be accessed by
calling the helpline. Their website is at http://www.acas.org.uk/drr
and the Acas Code of Practice can be accessed at: http://www.acas.org.uk/dgcode2009.