Dispute Resolution and Policy: Past, Present and Future ESRC Seminar Series October 2012 Gill Dix Head of Strategy, ACAS.

Dispute Resolution and Policy: Past, Present and

Future

ESRC Seminar SeriesOctober 2012

Gill DixHead of Strategy, ACAS

Questions

• Have Government reviews focused on the right questions?

• Have they generated the right solutions?• Has the (explicit or implicit) focus on

Tribunal volumes been appropriate?

Employment Tribunal Volumes 1978 to 2011

0

50,000

100,000

150,000

200,000

250,000

2001 Routes to Resolution

Objectives• Access to justice• Fair and efficient tribunals• User friendly service• ‘too many disputes were referred to ETs – more

efforts were needed to resolve problems inside the workplace’.

Inside the WorkplaceStatutory minimum D & G procedures

Outside the WorkplaceFixed period conciliationReduced ET qualifying period for Unfair Dismissal

claims

2007 Gibbons Review of Dispute Resolution in Britain: - ‘the DRR’Objectives

• Review the 2004 Regs• to identify options to simplify and improve aspects of

employment dispute resolution and make the system work more effectively for employers and employees, while preserving employment rights’

Inside the WorkplaceRepeal statutory minimum D & G procedures

Outside the WorkplaceRepeal fixed period conciliation

Gibbons - more

A revised Acas CodeMore emphasis on mediation and early

conciliation

“Fundamentally, what is needed is a culture change, so that the parties to employment disputes think in terms of finding ways to achieve an early outcome that works for them, rather than in terms of fighting their case at a tribunal.”

Pre Claim Conciliation : Objectives

• Produce earlier and speedier resolution of disputes – aiming to preserve more employment relationships

• Reduce the admin burden caused by ETs - save time and money for employers and employees; and reduce the costs to the state

Volumes9000 in 2009 16,000 in 2011

PCC Users(comparator = Employment Tribunal population)

Greater use • by smaller, private sector• workplaces without an internal HR department Less use• trade union members • discrimination claims • monetary claims• representationSimilar• proportion of unfair dismissal disputes

WHAT NEXT?

2011 Resolving Workplace Disputes (‘RWD’)

Context

- Growth agenda- Removing barriers to recruitment- Promote maximum flexibility without compromising

fairness…and objectives• Encourage early dispute resolution • Preserving the working relationship• Enable parties to bring matters to a quick and least

painful closure where relationships had broken down.

Resolving Workplace Disputes

Measures

Inside the Workplace

More emphasis on mediation

Outside the Workplace

Increase the UD qualifying periodIntroduce charging for Employment TribunalsEarly Conciliation

What more can be done?

• Ensure that conflict is embedded on the modern workplace agenda

• Monitor ET claim rates, volumes but also characteristics and composition of claims

• Be ambitious in workplace policies – include dispute resolution strategies in each

• Continue to invest in ADR schemes and policies• Ensure robust evaluations of programmes or

‘packages’ of reforms, not just individual policy changes

• Consider opportunities for ‘cultural’ changes; seek alternative forms of dispute resolution

• Use the seminar series to reinforce the conflict management agenda