Tuesday, February 12, 2013

Procedural Fairness in Unfair Dismissal

Executive Summary

The DTI launched a consultation in March 2007 with a view to abolishing the statutory dismissal and grievance procedures introduced in 2004 low the body of work Act 2002. The consultation followed publication of an independent enshroud on employment dispute resolution by Michael Gibbons, which was licenced by the DTI in after it became clear that the new procedures had non cut the number of employment tribunal claims.
In increment to repealing the statutory procedures, the Gibbons report recommended simplifying tribunal applications forms, providing free mediation work for employment disputes and strengthening tribunals powers to award costs, including taking into account the efforts the parties fork push through made to resolve workplace disputes or settle the case. The regime proposals in this area mother now been set out in the Employment Bill currently before parliament.

The Bill, pass judgment to come into force in April 2009, will repeal the statutory procedures and give tribunals power to increase or decrease payment awards by up to 25% if either side has unreasonably failed to follow a relevant code of practice.

People Management. (2008). legislative Timetable. Available: http://www.peoplemanagement.co.uk/pm/articles/2008/05/legislative-timetable.htm . Last accessed 3rd celestial latitude 2008.

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The following report will examine:

° The problems created by the regulations
° The proposed reforms
° The possible effect of these reforms on employers and employees.


Section 1 - The Problems Created By The Regulations

The Employment Act 2002 (Dispute Resolution) Regulations, as they currently stand, have caused problems for both employers and employees.

at that place has been some simplistic problems such as what exactly qualifies as a grievance which appears to still be a grey-headed area as there are non any(prenominal) strict guidelines on which scenarios do or do not qualify and there are around 800,000 firms which either have inadequate or...If you want to get a full essay, crop it on our website: Orderessay



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