By Hardy et al
The 1998 Employment Rights (Dispute answer) Act and the 2002 Employment Act search to alter the present face of united kingdom employment legislation dispute solution. Conciliation through in-house disciplinary and charm methods needs to now be earlier than resorting to a tribunal listening to. Alternatively,in dismissal circumstances, employers and staff can either comply with visit arbitration. This ebook will support the events concerned to equip themselves with wisdom of those new techniques and methods.
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Extra info for ADR in Employment Law
Parties will not have a choice of arbitrator. Where an employee has a claim or claims in addition to unfair dismissal, any other claim(s) must be settled, withdrawn or heard by an employment tribunal. The scheme is not designed to deal with complex legal issues. In agreeing to go to arbitration, the parties waive any jurisdictional issues: for example, whether the employee had qualifying service, whether any application to the employment tribunal was submitted within time limits, etc. The scheme is not designed to deal with issues of EC law.
5 The Bill was then introduced to the House of Lords on 13 February 2002 and completed its Lords stage in July,6 with the Bill receiving Royal Assent on 8 July 2002. The Act will come into force fully during April 2003. As the government proclaims: ‘The Employment [Act] is a wide ranging package. 8 Such a varied cocktail makes for interesting times ahead, if only in terms of dispute resolution. 1 Dispute resolution Since this book is concerned with ADR in employment law, the significance of the EA 2002 with reference to its dispute resolution proposals will now be addressed.
B) The second part of the first limb restates the second aspect of the rules of natural justice—the obligation on the arbitrator to allow both parties to put their case and deal with that of their opponent. It is a qualified duty: the duty is to give the parties a reasonable opportunity to put their case, not a ‘full opportunity’ or ‘every opportunity’ as the Guide suggests. This distinction is not just semantics. Essentially, the arbitrator with conduct of the hearing will have to use his discretion, ensuring that each party has an opportunity to put their case, but also that the hearing does not lose its essential informality or run the risk of taking longer than the time allocated.
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