LRA proposes new ways for resolving disputes
The Labour Relations Agency (LRA) has set out proposals for changes in dealing with employment disputes. A new streamlined framework will allow for the resolution of disputes through problem solving rather than going to law.
The LRA proposes that the current statutory dispute resolution procedures would be repealed. Out will go the legalistic procedures that have constrained how disputes are handled as they make their way to Tribunal.
Jim McCusker, Chairman of the LRA said “Among a number of steps that we are proposing two are key to improving employment relations. First, the LRA would provide a new range of methods for resolving disputes by enhancing its scope for offering alternative dispute resolution. Secondly, we are proposing a new scheme of Employment Commissioners, skilled in the practice of employment relations, as an alternative to Tribunals.’
The LRA argues that much more support should be given to employers, employees and their representatives in resolving workplace disputes as close to source as possible. This would prevent unnecessary claims being made to Tribunals with resultant savings in both human and financial terms.
The LRA proposes a wider use of its ‘Helpline’ and advisory services to inform and advise employers and employees on good employment practice. It is also proposed that Tribunal claims should come, in the first instance, to the LRA with the LRA having up to eight weeks during which the ‘parties’ will be required to talk with LRA staff about possible ways of reaching an agreed solution. If a resolution is not reached within eight weeks the claim will go to an Employment Commissioner or to the Tribunal. Employment Commissioners would deal with all employment cases and would be an option for the ‘parties’ as a comprehensive alternative to the Tribunal. In line with provisions in Great Britain the establishment of an Employment Appeal Tribunal is also proposed.
These suggestions by the LRA have been designed both to reduce the stress imposed on people in a dispute and also to be cost effective. Illustrative estimates suggest that the changes could be worth at least £0.5m each year to the Northern Ireland economy.
If the proposals are converted into legislation, then Northern Ireland will see a significant shift in culture away from adversarial processes to renewed efforts in training for dispute prevention and alternative dispute resolution skills.
The LRA has undertaken a series of meetings with the main stakeholders in employment relations. Tomorrows seminar is the first to address the LRA proposals. By the end of the period of consultation, the LRA hope that the groundwork will be done to allow for a new modern dispute resolution system bespoke to Northern Ireland that will benefit all employees, all employers and the efficiency of the wider economy.
Everyone with an interest in employment policies and practices should now read the consultation document published by the Department of Employment and Learning, ‘Disputes in the workplace: a systems review’.
Click here for the LRA proposals Proposals of the Labour Relations Agency for improving the resolution of disputes
