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Resolving disputes

Consultation

Following extensive consultation the Department for Employment and Learning has brought forward changes to the mechanisms for resolving employment disputes that arise in the workplace.  These changes relate to provisions contained within the Employment Act (Northern Ireland) 2011 and associated secondary legislation.

Arrangements

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.

Purpose of changes

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.

Information and Advice

nidirect and nibusinessinfo

Information on resolving disputes and where to access advice can be found on the NIDirect and Nibusinessinfo websites:

Labour Relations Agency

Information on the services provided by the Labour Relations Agency to resolve disputes can be found at the following links:

OITFET

More information about tribunals can be obtained from the Office of Industrial Tribunals and the Fair Employment Tribunal (OITFET).