Data file: Employment tribunbal disputes

first_img Comments are closed. Related posts:No related photos. Previous Article Next Article Data file: Employment tribunbal disputesOn 19 Jun 2001 in Personnel Today The latest in a series of articles that give the basics on key areas ofemployment legislation. This issue we look at employment tribunbal disputesThe hard facts Employment Tribunal (Constitution and Rules of Procedure) Regulations2001 These new regulations come into force on 16 July 2001 and bring in a newrange of issues for employer and employee when a claim is pursued in thetribunal. The intention behind the changes is that tribunals should activelymanage cases to a conclusion more quickly and efficiently. The main changes include: – A new overriding objective similar to that in use in County Courtprocedure – The introduction of case management powers – The increase of the fee payable to continue with a claim following a pre-hearingreview from £150 to £500 – The increase in costs that may be awarded without assessment from £500 to£10,000 – A new rule to allow tribunals to direct cases are heard in private when thereis a national security issue – The ability to lodge claims previously submitted in a number of ET1s in asingle document. www.legislation.hmso.gov.ukAlternative Dispute Resolution Acas Arbitration Scheme This new procedure was introduced in the Employment Rights (DisputeResolution) Act 1998. It is only applicable to unfair dismissal claims. The main provisions are: – Both parties must agree to arbitration – Evidence is not given on oath – There is no right of appeal except in respect of “seriousirregularity” in the arbitrator’s conduct, hearing of the case or aboutthe award made. Advantages: – Likely to be quicker than an employment tribunal– Proceedings are held in private and – Awards made are confidential. www.acas.org.uk/arbitrationMediation This is available for most litigation disputes and may be a good optionwhen: – The claim is of high value and of a sensitive nature – The issues are highly complex or involve international law. Reading around the subject – The DTI has produced a useful commentary on the main changes resultingfrom the employment tribunal regulations: www.dti.gov.uk/er/individual/et.htm– The Acas website has access to a full copy of the Arbitration Schemetogether with a guide and introduction to the provisions: www.acas.org.uk/arbitration– The Centre for Dispute Resolution (CEDR) provides a useful source ofinformation on mediation including “myths and facts”,”appropriate cases”, a news update and an online fee calculator: www.cedr.co.ukIn the news “Arbitrator to handle unfair dismissals” – The Daily Telegraph, 19February 2001 last_img read more