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This equipment was donated by Thompsons solicitors

This equipment was donated by Thompsons solicitors. Employment Law Update: Protecting Vulnerable Workers; Promoting Equality at Work Wednesday 4 th October 2006. Dispute Resolution: For Better or Worse?. Tess Gill Old Square Chambers.

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This equipment was donated by Thompsons solicitors

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  1. This equipment was donated by Thompsons solicitors Employment Law Update: Protecting Vulnerable Workers; Promoting Equality at Work Wednesday 4th October 2006

  2. Dispute Resolution: For Better or Worse? Tess Gill Old Square Chambers Institute of Employment Rights Employment Law Update 4th October 2006

  3. Overview • Employment Act 2002 (EA)- Part 3 • EA, Schedule 2 – DDPs, GPs. • EA Schedule 3-4 – when they apply. • EA (Dispute Resolution) Regs 2004 (the Regs ) Institute of Employment Rights Employment Law Update 4th October 2006

  4. More or Less Claims? • 2005-06 -115,039 claims registered • 2004-05 - 86,181 • multiple cases rose from 31,126 to 63,543. ( part-time pension, equal value) • Single cases fell from 55,000 to under 52,000; Institute of Employment Rights Employment Law Update 4th October 2006

  5. Employee Reps View- Benefit or Detriment? • 25% more cases resolving; • 47% GP’s put claimant clients off; • 92% statutory procedures cost more time/money. Institute of Employment Rights Employment Law Update 4th October 2006

  6. Benefits • Some cases solved through procedure; • More difficult for employers to impose decisions; • Automatic uplift of awards; • Awards where failure to provide written particulars of employment; Institute of Employment Rights Employment Law Update 4th October 2006

  7. Time Limits • GP must be lodged and 28 days elapse before claim lodged. • If DDP lodged within time limit for ET claim and employee believes that dispute procedure being followed or GP applies in certain circumstances – 3 month extension. (Reg.15) Institute of Employment Rights Employment Law Update 4th October 2006

  8. Time Limits Oddities • No extension if DP completed within 3 months – contrast GP; • EAT says extension is 3 months and one day; • EAT says that GP not apply if discrimination claim against employee. Institute of Employment Rights Employment Law Update 4th October 2006

  9. DDP’s some useful points • Usually standard – modified if gross misconduct. • Constructive dismissal – GP applies. • If new disciplinary allegations during dismissal – fresh DPPs if different matter. Institute of Employment Rights Employment Law Update 4th October 2006

  10. Other Points • Prior to meeting is it sufficient for employee to categorise type of misconduct rather than specific act? • Automatic unfairness if employer fails to comply with procedure – uplift in compensation; • When does other failure of procedures render dismissal unfair ( s.98A ERA)? • If dismissal unfair, procedural failure did make a difference – relevant to any reduction in compensation. Institute of Employment Rights Employment Law Update 4th October 2006

  11. When GPs do not apply • Breach of contract claims • Complaints under the part-time or fixed term Regs • Claims covered by the DDPs • NB – Grievance procedure applies where constructive dismissal Institute of Employment Rights Employment Law Update 4th October 2006

  12. No GP • Employee no longer employed and not practicable – eg insolvency; • Dismissal actual or contemplated; • Grievance is about actual or contemplated disciplinary action unless it is discriminatory or employer’s reason for action is false. Institute of Employment Rights Employment Law Update 4th October 2006

  13. What is a Grievance? • Letter including resignation letter but not a questionnaire; • It must be a complaint but need not say it is a grievance; • Must relate to subject matter of claim. Institute of Employment Rights Employment Law Update 4th October 2006

  14. Who can submit Grievance? • Claimant; • Someone with claimant’s authority; • Solicitor’s letter before action or “without prejudice” letter may do. • Appropriate representative in multiple claims. Institute of Employment Rights Employment Law Update 4th October 2006

  15. What About Amendments? • Additional matters not so far grieved – must do additional grievance ( may need extension of time limit); • New claim arising after original grievance – again must grieve. Institute of Employment Rights Employment Law Update 4th October 2006

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