BRAIN FOOD: Workplace rights - Tougher grievance procedures

BRAIN FOOD: Workplace rights - Tougher grievance procedures - The Government has a problem. Its programme of extending employment rights since coming to power in 1997 has led to a big increase in employment tribunal claims. Reforms in the latest Employment Act aim to encourage settlement of disputes within the workplace, so reducing pressure on the tribunal system. Later this year, compliance with statutory disciplinary and grievance procedures will become a term of all contracts of employment.

by MICHAEL BURD and JAMES DAVIES, Lewis Silkin solicitors, e-mail:employment@lewissilkin.com
Last Updated: 09 Oct 2013

The Government has a problem. Its programme of extending employment rights since coming to power in 1997 has led to a big increase in employment tribunal claims. Reforms in the latest Employment Act aim to encourage settlement of disputes within the workplace, so reducing pressure on the tribunal system. Later this year, compliance with statutory disciplinary and grievance procedures will become a term of all contracts of employment.

For employers, there will be swings and roundabouts. Employees will not be allowed to resort to a tribunal application unless they have first pursued their grievance internally. But a dismissal without the employer having observed the relevant procedure will be automatically unfair. Whether the reforms will succeed in deterring tribunal applications is doubtful.

They represent a major complication of dismissal law that could lead to more litigation rather than less.

Tags:
How To

Find this article useful?

Get more great articles like this in your inbox every lunchtime

Social responsibility may no longer be a choice

Editorial: Having securitised businesses’ loans and paid their wage bills, it’s not inconceivable the government...

What went wrong at Wirecard

And how to stop it happening to you.

Leadership lessons from Jürgen Klopp

The Liverpool manager exemplifies ‘the long win’, based not on results but on clarity of...

How to get a grip on stress

Once a zebra escapes the lion's jaws, it goes back to grazing peacefully. There's a...

A leadership thought: Treat your colleagues like customers

One minute briefing: Create a platform where others can see their success, says AVEVA CEO...

The ignominious death of Gordon Gekko

Profit at all costs is a defunct philosophy, and purpose a corporate superpower, argues this...