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Disputes in the workplace a systems review - policy response

14 April 2010

New measures for resolving disputes at work earlier announced

Systems for resolving disputes at work earlier are to be revised by the Department for Employment and Learning.

Employees and managers will be encouraged to resolve problems as early as possible after they arise and procedures will be simplified to provide more options for external help and to offer genuine alternatives to legal action.

Describing the publication of the policy response as very significant, Minister for Employment and Learning, Sir Reg Empey, said: “The reform measures which I am announcing today will support the Executive’s commitment to promote the competitiveness of NI plc through deregulation and savings to both business and the taxpayer, while maintaining the rights of individual employees.  Many people know someone who has faced a serious dispute at work.  Thankfully, fewer are personally acquainted with the psychological and financial tolls that such situations can unfortunately exact on all those involved.  Disputes, of varying degrees of seriousness, are however inevitable from time to time.  Their outcomes, on the other hand, are not.

“The dispute resolution review which my Department has carried out over the past two years gathered evidence on how disputes are approached by employees and employers, trade unions and HR professionals, legal advisers and the voluntary sector, statutory bodies and the tribunal system.  It asked where and why existing processes were failing, and heard opinions on what could be done to improve them.

“Those who responded to the review have sent a powerful message that they would like to see more disputes resolved at an earlier stage, close to their original source in the workplace, thereby averting more serious confrontation and, potentially, legal action.  They want to see alternatives to legal action without calling into question the absolute right of those who wish to do so to take their case to a tribunal.

“I have been encouraged by the very constructive engagement that has taken place during the review.  I feel that this has been instrumental in bringing together a balanced package of proposals that is more reflective of local circumstances.  I now intend to take forward these policy proposals, to include the introduction of an Employment Bill, over the coming months.”

Key measures announced in the policy response include the repeal of the current statutory grievance procedures, widely regarded as being overly complex, and the retention of the statutory discipline and dismissal procedures. There will be better information and advice on employment relations and dispute resolution issues, with additional support for Small and Medium Enterprises (SMEs) being targeted to put in place good employee relations practices.  Improved employment relations training opportunities will be offered, the Labour Relations Agency will have an increased focus on pre-claim conciliation, alternatives to a tribunal hearing will be developed in an expanded and enhanced arbitration process and there will be improvements to the operation of industrial tribunals and the Fair Employment Tribunal.

Notes to editors:

  1. Details of the consultation process can be found online at www.delni.gov.uk/dispute-resolution-review-consultation  
  2. Some measures will require an Act of the Northern Ireland Assembly, and a Bill for introduction will be brought there in the near future.  Others require secondary legislation only, and a further range of proposals, which do not require legislation, will be taken forward by the Department over the coming year.
  3. Final decisions on a small number of proposals await the outcome of further detailed investigation which is noted in the response document.

  1. All media enquiries should be directed to the Department for Employment and Learning Communications Branch on 028 9025 7872. Out of office hours please contact the duty press officer via pager number 07699 715 440 and your call will be returned.