Government's response to Resolving Workplace disputes Consultation - a summary

The Government response to the consultation is part of the Employment Law Review instigated by the Coalition. 

The Resolving Workplace Disputes consultation and response represent a significant element of that Review and is also part of the The Red Tape Challenge package.

There are significant developments for mediation in the Response:

• The mediation initiative is intended to bring about culture change towards early dispute resolution
• Mediation to be more accessible to small businesses
• Partnership with the Ministry of Justice to initiate "Rapid Resolution Scheme" to resolve disputes more quickly
• Partnership with large retailers to disseminate their mediation expertise with smaller businesses
• Pilot creation of regional mediation networks through providing (government funded) trainint to representatives from local SME's

The thrust of the initiative is around early resolution, and this is where mediation can make the idea a reality.

Compromise Agreements (CA’s) to be called “Settlement Agreements”

These are agreements where the employment relationship has ended between employer and employee but an employment tribunal is not an option.  To further the use of these, the Coalition will amend and clarify section 147 of the Equality Act 2010.  This is intended to provide reassurance about the accessibility and efficacy of CA’s.  The intention is to consult on an amendment to section 203 (3) (b) of the employment Rights Act 1996 which will allow CA’s to cover existing and future claims.  There will also be a consultation on the introduction of "Protected Conversations" which are intended to allow employers to have conversations with employees about performance without fear of them being used as evidence in an Employment Tribunal.

ACAS

Acas will have a key role to play in the new arrangements.  “Early Conciliation”.  This is where employees are considering going to a tribunal.  There will be an opportunity for employee and employer to resolve matters with the support of ACAS before the claim is lodged.  By this means, it is intended that there should be a resolution without the need for a tribunal.

Rapid Resolution

This is the means by which straightforward or uncomplicated claims could be resolved quickly, avoiding the need for a hearing.