Resolving disputes
On 14 April 2010, the Department announced the outcome of public consultation on reform of mechanisms for resolving employment disputes that arise at work.
The policy response is the culmination of an extensive review of workplace dispute resolution which began in 2008 with a formal pre-consultation on the major issues around workplace disputes and proceeded in 2009 to a full public consultation.
The policy response seeks to establish better frameworks for resolving disputes earlier and with less formality, whilst providing a wider range of options for dealing with those disputes that do reach a formal stage. Read the response.
Changes in Great Britain
In April 2009 new legislation saw significant changes made to dispute resolution procedures in Great Britain. These are intended to simplify the process and make it work better for both employers and employees.
It should be noted that these changes do not apply in Northern Ireland.
Current System
On 3 April 2005, legislation came into effect giving new rights and responsibilities to both employers and employees in Northern Ireland.
Under this legislation, if a dispute cannot be sorted out informally, then both employers and employees must follow minimum procedures for resolving disputes about employment issues. These minimum procedures are for dealing with grievances (complaints by an employee) and with disciplinary action and dismissal (actions the employer can take against an employee).
Where a dispute over an employment issue can’t be resolved at work, the people involved can request help from the Labour Relations Agency or they can lodge a claim with an industrial tribunal (or, where relevant, the Fair Employment Tribunal). In most cases the Labour Relations Agency has a duty to try to resolve such claims without the need for a tribunal Hearing, but when all other efforts to resolve the issue have been unsuccessful the tribunal will be able to provide a legal judgement about the problem.
Further details of the current system for resolving disputes can be found on the What to do if a dispute occurs page.
