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Statutory Dispute Resolution Procedures – on their way out |
The procedures were put into place with an aim to reduce the number of disputes ending up at tribunal. They are, however, inflexible and prescriptive and not only have failed in their aim, but have received open criticism from several Employment Judges. Following an independent review, which recommended a full repeal of the procedures, the Government implemented this recommendation via The Employment Bill.
Like all parliamentary processes, it will be quite some time before the statutory procedures as they stand, disappear. It is therefore vital that every employer is aware of their responsibilities, especially due to some recent case law which re-enforces the position where a dismissal is automatically unfair, should the procedures not be followed to the letter.
Putting the procedures and tribunals to one side, ensuring that there is an open, clear and fair way of dealing with performance issues or grievances can improve.
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