Download PDF by Hardy et al: ADR in Employment Law

By Hardy et al

ISBN-10: 1859417787

ISBN-13: 9781859417782

The 1998 Employment Rights (Dispute answer) Act and the 2002 Employment Act search to alter the present face of united kingdom employment legislation dispute solution. Conciliation through in-house disciplinary and attraction systems needs to now be sooner than resorting to a tribunal listening to. Alternatively,in dismissal circumstances, employers and staff can either conform to visit arbitration. This e-book will help the events concerned to equip themselves with wisdom of those new systems and procedures.

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1 FIRST STEPS TO A SCHEME The concept of using arbitration as a means of resolving disputes relating to the disciplining and dismissal of individual employees is by no means new. In 1993, Lewis and Clark1 outlined the use of the voluntary Acas arbitration arrangements in such cases, at that time around 60–70 per year, mainly arising from provisions contained in national, industry-wide collective agreements. The experience of these authors and of their fellow arbitrators hearing such cases led them to propose voluntary arbitration as an alternative which parties could jointly opt for as opposed to the statutory route of the industrial tribunals for resolving individual employment rights disputes.

Following the hearing, the arbitrator will issue a binding ‘Award’ summarising each party’s case, the arbitrator’s main considerations, the decision and, if unfair, the remedy. The award will be confidential to Acas and the parties. If a dismissal is found to be unfair, an arbitrator can order the same remedies as an employment tribunal. These are reinstatement, re-engagement or compensation. There are very limited grounds for challenging an arbitrator’s award and parties cannot appeal against an arbitrator’s binding award on points of law except in cases where EC law or the HRA 1998 is relevant.

MacMillan, 1999, pp 33–56. Lewis and Clark, 2000, p 2. Chapter 2: Understanding the ER(DR)A 1998 and the EA 2002 15 The ER(DR)A 1998 also sought to amend and promote the law relating to compromise agreements, insofar as they should be more regulated but more widely accepted and applied to confirm arbitral and/or settlement arrangements. This will be discussed in Chapter 3. 4 The Acas scheme The ER(DR)A 1998 makes Acas responsible for establishing a statutory arbitral route for unfair dismissal, for managing it and for recruiting the relevant arbitrators.

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ADR in Employment Law by Hardy et al

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