The Employment Bill and dispute resolution
By PETER GROSE, partner, Lester Aldridge Solictors LLP
Any employer who has had to dismiss an employee, or has had the misfortune of finding itself in an Employment Tribunal in the last few years, will know that the current statutory employment dispute resolution procedures in relation to dismissing employees are fraught with dangers for employers.
The Government decided to introduce the statutory employment dispute resolution procedures (disciplinary, dismissal and grievance procedures) as a result of the findings of research undertaken by the Department of Trade and Industry (the DTI, now the Department of Business, Enterprise and Regulatory Reform) in 1998, which showed that more than a third of employment tribunal claims were lodged prior to any discussion of the dispute between the employer and the employee.
The aim of the procedures was to ensure that a minimum level of communication took place between the parties prior to any tribunal claim being issued, providing an opportunity for disputes to be resolved internally and so avoid the need for a tr