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IES 40th Anniversary seminar: Employment Relations

IES 40th Anniversary seminar: Employment Relations. Ann Denvir. early 1990s. ER & EU and the Labour opt-in. EU social and employment policy ‘over there’ Change imminent ‘Social Chapter’ arrivals eg EWCs Objectives? outcomes? Measures of success? Lessons learnt ….

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IES 40th Anniversary seminar: Employment Relations

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  1. IES 40th Anniversary seminar: Employment Relations Ann Denvir

  2. early 1990s

  3. ER & EU and the Labour opt-in • EU social and employment policy ‘over there’ • Change imminent • ‘Social Chapter’ arrivals eg EWCs • Objectives? outcomes? • Measures of success? • Lessons learnt …

  4. ‘the existence of workplace rights is not enough’ (John Hutton MP, 2007)

  5. from 2000 on

  6. IES research on anti-discrimination – 4 strands • Monitoring the Disability Discrimination ActHurstfield et al. for DRC, DWP, Equality Commission • The experience of claimants in race discrimination Employment Tribunal casesAston et al. for BERR (DTI), Employment Relations Research Series 55 • The experiences of sexual orientation and religion or belief discrimination employment tribunal claimantsDenvir et al. for Acas, funded by BERR (DTI)

  7. Experiences of employment tribunal claimants … • Intense experiences • The desire for ‘sorry’ • Poor, or poorly followed, G&D procedures • Early resolution opportunities missed & narrowing of possible outcomes • Inequality of arms • Zero-sum, but what is the prize? • Costs, costs, costs, some benefits • Yet, no regrets; moral aims & symbolic importance

  8. Reflections • The need for a victim • Burden on individual litigant • Implementation gaps and spill-over • Relationship between the individual and the collective • Compliance/best practice (no litigation risk; no demand) • Shadow of the law and the ER context

  9. Looking ahead ― a new era? • Labour law in UK ― ‘a lot more of it’ ― employment tribunal as last resort • Gibbons review & Employment Bill 2007-2008 ― do all that can to resolve in the workplace • Acas ― enhanced helpline and pre-claim conciliation • G&D end of 2004 3-step procedures & Acas code of practice • Challenges

  10. 40 years ago

  11. Looking back ― a different era? • IES ‘born’ as IMS with research accommodation at ‘modest rental’ at the LSE and Sussex to carry out research and be a centre of excellence • Before the UK joined the EEC • Before ‘rights climate’/‘compensation culture’

  12. ‘respect for the legal rights of others and insistence on one’s own could become a habit’ (Grunfeld, BJIR Nov. 1968)

  13. Looking back ― a different era? • IES ‘born’ as IMS with research accommodation at ‘modest rental’ at the LSE and Sussex to carry out research and be a centre of excellence • Before the UK joined the EEC • Before rights climate/‘compensation culture’ • Many notable IMS members and supporters ― Victor Feather • Turbulent ER context ― IR Act 1971, In place of Strife, Donovan …

  14. Continuity and change The (Donovan) Commission calls … • to develop … joint procedures for the rapid and equitable settlement of grievances … • to adopt effective rules and procedures governing disciplinary matters, including dismissal, with provision for appeals

  15. … thank you www.employment-studies.co.uk

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