Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Early conciliationAcasDispute resolutionEmployment tribunalsLegal opinion

Can early conciliation succeed where dispute resolution procedures failed?

by Darren Newman 12 Mar 2014
by Darren Newman 12 Mar 2014

Consultant editor Darren Newman asks if the new early conciliation process can avoid the unforeseen litigation over the detail that resulted from the statutory dispute resolution procedures, introduced with the intention of resolving disputes at an early stage, but abandoned a few years later.

Those of us who had to work with the statutory dispute resolution procedures that were in force between 2004 and 2008 are scarred by the experience. The procedures were introduced with the intention of encouraging the early resolution of employment disputes but actually led to more complexity and more litigation.

Free webinar

Early conciliation and tribunal fees: the changing landscape for employment disputes
9 April 2014 at 2:00pm BST Register now…

In particular, the requirement for tribunals to reject any claim if the claimant had not first completed at least step one of the statutory grievance procedure led to a mass of case law on just what that involved. No one mourned their passing when the procedures were abolished by the Labour Government that had introduced them just four years earlier.

Move forward to 2014, and there is a new requirement, introduced by the Enterprise and Regulatory Reform Act 2013, for those seeking to bring an employment tribunal claim first to contact Acas so that an attempt at early conciliation can be made. This early conciliation service will be available from 6 April this year and compulsory from 6 May.

However, having experienced the statutory dispute resolution procedures, it is difficult for me to look at these new plans to encourage the early resolution of disputes without asking if they might result in similar unintended consequences.

Continue reading on XpertHR…

Avatar
Darren Newman

Darren Newman qualified as a barrister in 1990, and has represented both employers and employees at tribunal. He provides straightforward practical guidance on a wide range of employment law issues. Darren also works as a consultant editor for XpertHR.

previous post
Government should encourage payment of living wage, say employers
next post
Minimum wage rate confirmed for October 2014

You may also like

Postal workers and doctors threaten strikes over pay

28 Jun 2022

Barristers walk out in protest over fees

27 Jun 2022

Christian awarded £22k following dismissal over religious necklace

24 Jun 2022

Long Covid: what tribunal’s disability ruling means for...

23 Jun 2022

Rail strike: PM calls for pay compromise to...

21 Jun 2022

‘General strike’ threat looms as unions voice pay...

20 Jun 2022

Bolt drivers strike as union launches workers’ rights...

15 Jun 2022

‘Summer of discontent’ ahead as more unions ballot...

15 Jun 2022

Whistleblowing nurse awarded £462k for unfair dismissal

15 Jun 2022

Shapps suggests repeal of agency worker ban during...

13 Jun 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more
  • Strathclyde Business School expands its Degree Apprenticeship offer in England PROMOTED | The University of Strathclyde is expanding its programmes...Read more
  • The Search for Talent: Six Major Employer Pitfalls PROMOTED | The Great Resignation continues unabated...Read more
  • Navigating the widening “Skills Confidence Gap” in 2022, and beyond PROMOTED | Cornerstone OnDemand conducted a global study...Read more
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+