Tribunals

The DLA offered feedback and recommendations in relation to the Department of Business Enterprise and Regulatory Reform proposals to simplify and speed up Dispute Resolution procedures in employment feedback.

Following the publication of the Gibbons Review, the government issued a consultation paper on changes to the employment dispute resolution process, 'Success at Work: Resolving Disputes in the Workplace- a consultation'. This recommends moving away from the existing Statutory Dispute Resolution Procedures, and suggests a move towards a greater role for mediation.

Melanie Pine, Director of the Equality Tribunal, Ireland, discusses the usefulness of mediation in the resolution of equality disputes. In Ireland the Equality Tribunal mediates all equality cases unless either the applicant or the respondent does not prefer mediation. If the mediation is unsuccessful, the Equality Tribunal can hear the case.

May 2007

April 2007

This joint DLA event with TAEN (The Age and Employment Network) and Justice discusses the core concepts involved in direct and indirect age discrimination, and the role of strategic cases with the aim of equipping participants to play an active role in the use of strategic cases to resolve issues arising from the Age Regulations.

Presentations are from Gay Moon of Justice, and Robin Allen QC and Declan O’Dempsey of Cloisters Chambers.

October 2006

This PGM was part of the DLA's consultation with members regarding the impact of the statutory dispute resolution procedures on discrimination cases. The EAT case of Edebi [2006] was discussed, along with indications of the statutory dispute resolution procedures leading to increased formality and an escalation of disputes. Briefing 431 in Vol. 29 contains related analysis.

In response to the Department of Trade & Industry's consultation, the DLA recommends that the statutory dispute resolution procedures be repealed. This is the almost universal recommendation of our previous research of our members (statutory dispute resolution procedures questionnaires).

The DLA response urges that procedures be voluntary and that penalties are not attached to failure to make attempts to resolve/settle disputes, which would simply bring the statutory dispute resolution procedures back in by the back door.

June 2007