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Talking it out
Page 40
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To ensure fair treatment for workers and cut tribunal cases, all companies must introduce dispute resolution procedures by next year.
-WHAT ABOUT the workers?" is often the cry of the unions when confronted withTony Blair's government and its apparent fondness for big business.
But, in reality, the government has introduced a series of measures which seem to strengthen workers' rights, beginning with the Employment Relations Act 1999 which introduced the right to union recognition.
Now a number of provisions from the updated Employment Relations Act 2002 are being implemented. One of these is the introduction of statutory dispute resolution procedures, which aim to reduce the number of cases reaching employment tribunals by insisting that employers have their own systems for resolving workplace disputes. Many large employers already have them, but most smaller ones don't.
Unions have argued that some of this new law strengthens the hand of employers rather than employees,making it easier to dismiss staff. For example, unfair dismissals will be judged differently. Provided the minimum standards set out in the Act are met, procedural shortcomings during a dismissal can be disregarded and the sacking will be deemed fair.
However, the new law will give workers the right to raise a grievance with their employer before going to a tribunal. Union members will normally be accompanied by a union representative.
The government says that most workplace grievances affecting individuals do not reach a tribunal anyway. Workers either put up with the situation or resign. Employers either apply sanctions to troublesome staff or dismiss them.The new law, says the DTI, means that more employees will keep their jobs after resolving the dispute through the new procedures.
The government insists that it "thinks small first" when introducing employment legislation.-prioritising the needs of small firms and their employees". It says these regulations must balance the interests of employees and employers and avoid "unjustified burdens". • TIMETABLE 29 October 2003: Consultation closes Early 2004: Parliamentary approval October 2004: Comes into force