§ Mr. BarnesTo ask the Secretary of State for Trade and Industry when the consultation document on employment dispute resolution will be published; and what it will contain. [6453]
§ Alan JohnsonMy Department is publishing "Routes to Resolution: Improving Dispute Resolution in Britain" today. The document sets out proposals for reform which will create a modern system of employment dispute resolution, fit for the future.
The consultation document sets out a radical programme for reform, underpinned by the fundamental principles of access to justice, fair and efficient tribunals, and a modern, user-friendly, public service. Its starting point is that many disagreements in work can be successfully resolved without recourse to litigation through better procedures in the workplace. Equally, it is designed to achieve a tribunal system which promotes conciliation and is equipped to cope with increasing caseloads.
603WClaims to employment tribunals have tripled over the last decade and the Government believe that the interests of tribunal users and the taxpayer are better served by a system which promotes the amicable settlement of disputes where possible.
The consultation paper seeks views on a number of proposals including:
increasing awards at employment tribunal where a new basic dispute resolution procedure has not been used by the employer. This provision is aimed at the minority of firms with no, or inadequate, procedures, without impacting on the majority of businesses with effective dispute resolution procedures. Awards will be reduced where an employee has not used grievance procedures before applying to an employment tribunal;the introduction of charges for use of the employment tribunal system to provide investment funding for the system so that it can improve the service it offers its clients. Exemptions would apply to those on benefits and cases of genuine need;better enforcement and other improvements to the existing statutory requirement for employers to provide a written statement of employment terms to employees;limited extensions to the time limits for lodging employment tribunal claims where dispute resolution procedures are in process;measures to promote the amicable settlement of disputes, and timely conciliation through ACAS;a new employment tribunal fast-track system for more technical claims;a limited amendment to unfair dismissal legislation to allow employment tribunals to disregard minor procedural errors by employers provided that such errors have made no difference in practice and the dismissal is otherwise fair;new powers for the Presidents of the Employment Tribunals to issue practice directions;The Government have not put forward any proposals to introduce cost recovery as a general principle, nor does it intend to do so.Copies of "Routes to Resolution: Improving Dispute Resolution in Britain" have been laid in the Library of the House. The deadline for responses is 8 October.