May 19, 2011 - Some of the key proposals by the government to alter how workplace disputes are resolved have been backed by Bibby Consulting & Support, specialists in employment law and health and safety legislation.

The government recently started a consultation process and asked for input into various proposals for reform. Given Bibby CAS’s direct involvement helping clients to resolve workplace disputes, the company was understandably eager to share its views and those of its clients.

Whilst Bibby CAS agrees with most of the suggestions, there are a small number that the company is opposing.

Included in the government's proposals are plans to charge employees a fee to begin an employment tribunal claim and Bibby CAS believes that this would be of great benefit to employers. The thinking goes that if employees realise that a tribunal application will cost them money upfront, they will be less likely to pursue spurious or weak claims.

Another suggestion that Bibby CAS supports is increasing the unfair dismissal qualifying criteria – moving the qualifying period from one year to two years. Although trade unions have said this could lead to more claims based on discrimination, Bibby CAS is in favour of the change because it will reduce the number of claims made in general and make companies more likely to recruit staff. In a survey from a sample of Bibby CAS clients, 69 per cent said that if the qualifying period was increased they would be more likely to recruit.

However, one proposal that the company disagrees with is imposing a penalty if employers breach employment rights. Bibby CAS believes that the level of compensation handed out to successful claimants normally serves as a disincentive to companies to break the law and the proposal to levy a penalty is a 'double whammy'.

The government has also recently reported that businesses were concerned about the high levels of compensation that employers had to pay for workplace discrimination. These could encourage employees to lodge weak complaints in the hope of a large payout, often in advance of a tribunal. Bibby CAS believes that the levels could be looked at but also that introducing tribunal fees would discourage people from making vexatious claims.

The government is also considering a relaxation of the rules relating to large scale redundancies. Presently, companies proposing more than 100 redundancies have to keep employees on for at least a 90 day consultation period before being able to tell them they are being made redundant. The government wants this reduced to 30 days and Bibby CAS thinks that once a decision on redundancies has been made companies are not helped by a three month delay to their restructuring plans.

Managing Director Michael Slade says: "We welcome the opportunity to influence how workplace disputes are settled and our experience has shown us that anything that makes the process easier for all parties has to be considered.

"We oppose anything that appears to unfairly favour one party over the other but give our wholehearted support to any changes which will even the balance of favour in dispute situations, which currently seems to rest with the employee. Getting things sorted at the earliest opportunity has to be in everyone's interest, especially with the UK’s current economic position."


- Ends -

Sue Tupling
Changeworks Communications Ltd
T. 07703 023026
E.

Tags: bibby consulting & support, employment law, consultation process, human resources,

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