DEL Policy response - "Disputes in the Workplace: a Systems Review"

The Department for Employment and Learning has released a policy response document in relation to the review of dispute resolution procedures in Northern Ireland - "Disputes in the Workplace: a Systems Review" pdf 448.56KB

The Department’s policy response to the consultation process is set out under the relevant headings below:

Maintaining good employment relations / informal attempts to resolve disputes at work

establish an inter-agency employment relations information forum to develop a coherent approach to the provision and promotion of information and signposting advice to employers and employees on employment law/dispute resolution mechanisms;
seek to produce an agreed memorandum of understanding/code of practice for all information and advice partners;
seek to develop a good practice employment relations model for large public/private sector employers based on lessons from the Department’s employment relations pilot;
explore options for the development of a small firms support scheme on employment relations/dispute resolution to include models of employment relations good practice for the SME sector. This would build on the online support already available through www.nibusinessinfo.co.uk
invite the LRA to work with lead employer bodies to target employment relations awareness training based on good practice models towards employers in the SME sector;
develop accredited continuous professional development programmes on employment relations/dispute resolution for management grades that are sited within existing professional development frameworks;
identify opportunities within the existing government accreditation/regulatory systems to promote the benefits of good employment relations practices to employers;

Formal processes for resolving disputes at work

retain minimum statutory workplace procedures for disciplinary and dismissal situations together with associated unfair dismissal provisions;
repeal the grievance element of the current statutory procedures;
ask the LRA to develop a revised Labour Relations Agency Code of Practice that underpins the statutory procedures for disciplinary and dismissal situations and establishes the core standards for workplace grievances;
provide for tribunals to take account of employers’ and employees’ adherence to statutory disciplinary and dismissal procedures and the LRA Code of Practice in reaching a determination in a case;

Alternative dispute resolution

seek to refocus LRA services, increasing the emphasis on pre-claim diagnosis and the targeting of ADR interventions (including conciliation, mediation and arbitration) in response to helpline queries, reflecting the learning from the recent Acas enhanced services pilots;
work with the LRA and key stakeholders to raise the profile of the Agency’s services, including its helpline and online presence, and establish the Agency as an employment rights information gateway;
develop an expanded LRA arbitration service that reflects some of the components of the Republic of Ireland’s Rights Commissioner Service and which is extended to cover all employment rights jurisdictions;
seek to ensure that the LRA can offer a fuller range of ADR services;
consult relevant stakeholders about the possibility, value and practicalities of establishing a professional ADR network which could be underpinned by a code of ethics, continuous professional development framework and a professional register for appropriately qualified practitioners;
work with OITFET and stakeholders to simplify the tribunal forms, where feasible;
repeal the complex provisions extending tribunal time limits in certain situations;
facilitate the establishment of a memorandum of understanding about closer co-operation between the LRA and OITFET in order to maximise use of ADR where appropriate;
consider establishing a judicial mediation pilot as an alternative to the legal process.

Legal remedy

seek input from the tribunal Rules Committee and the tribunal users’ group on possible amendments to the Rules of Procedure and administrative processes;
eliminate anomalies with regard to costs orders and consider the appropriateness of the upper limit of the prehearing deposit;
provide for determination of certain simple issues without a hearing where both parties have consented to this in writing;
make tribunal awards automatically enforceable through the courts;
explore legislative and non-legislative measures which encourage/require employers to operate equitable pay policies;
empower tribunals to make discretionary orders restricting publicity in sensitive cases;
enable cases involving both industrial and Fair Employment Tribunal jurisdictions to be consolidated and heard together, as part of the same proceedings;

Appeal

consider the legal, practical, financial and regulatory implications of establishing an Employment Appeal Tribunal for Northern Ireland;
work with other Government bodies to monitor the impact of the revised mechanism for bringing an appeal from a tribunal.