05/04/2011

Workplace Disputes' Measures Streamlined

Workplace dispute resolution is facing a shake-up as the Department for Employment and Learning introduces changes to the way in which such disputes are to be addressed.

The Employment Act (Northern Ireland) 2011 and associated secondary legislation has made changes to Dispute Resolution Procedures from 3 April onwards and follows a comprehensive policy review.

Arrangements for dealing with disciplinary and dismissal issues in the workplace are largely unchanged, with the existing statutory processes remaining in place.

However, the statutory dispute resolution requirements relating to workplace grievances have been replaced with a good practice, principles-based model set out in a revised Labour Relations Agency Code of Practice.

The Code explains the steps that employers and employees should take to resolve workplace disputes.

The purpose of the changes is to shift the focus in dealing with grievances away from the technical requirements of a statutory process and onto addressing the substantive issues in dispute.

A subsequent tribunal can take failure to follow the Code into account when determining an award relating to the dispute.

The rules on time limits for lodging tribunal claims have also been simplified, with the limit set at a standard three months in most cases.

Previously, the disciplinary and grievance processes included provisions for extending time in certain circumstances. These provisions have been removed so as to provide greater certainty.

In addition, various measures have been put in place to provide a more efficient and streamlined tribunal service. For instance, a single tribunal will be able to hear all aspects of a case, which includes elements falling within the jurisdiction of both the Fair Employment Tribunal and the Industrial Tribunals.

See: Workplace disputes

(BMcC/GK)

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