Resolving Workplace Disputes – Government Response to Consultation

In April 2011 the Government launched a consultation into resolving workplace disputes. The findings of this have just been announced, and an overview of its conclusions is presented below. To view the full response, please click here.

Mediation: The Government will explore with large businesses within the retail sector whether and how they might be able to share their mediation expertise with smaller businesses in their supply chain, and will pilot the creation of regional mediation networks through the provision of mediation training to a number of representatives from local SMEs.

Compromise Agreements: The Government will:  

• bring forward an amendment to clarify s.147 of the Equality Act, to provide reassurance to parties that compromise agreements can safely be used;
• consider how we can develop a standard text for compromise agreements:
• consult on amending section 203(3)(b) of the Employment Rights Act 1996 to enable compromise agreements to cover existing and future claims without requiring long lists of causes of action;
• consult on introducing a system of “protected conversations”;
• amend the title of “compromise agreements” to “settlement agreements”.   

 
Early conciliation: The Government intends to introduce the requirement for all potential tribunal claims to be lodged with Acas in the first instance.  

Modernising Tribunals: The Government has asked Mr Justice Underhill, outgoing President of the Employment Appeal Tribunal, to lead a fundamental review of the Employment Tribunal Rules of Procedure.  At the same time, we will make changes to the Rules as set out in relation to:

• cost and deposit orders
• witness statements
• witness expenses
• Judges sitting alone in unfair dismissal cases at the earliest opportunity

Unfair Dismissal qualification period: The Government intends to extend the qualification period for unfair dismissal from one to two years.

Financial Penalties: The Government intends to introduce a discretionary power for employment tribunals to levy a financial penalty on employers found to have breached employment rights.

Formula for calculating award and payment limits: The Government intends to retain the automatic mechanism for up-rating tribunal awards and statutory redundancy payments, but will modify the formula to round to the nearest pound.

Rapid Resolution: The Government will consider whether and how we can introduce a scheme to provide quicker, cheaper, determinations in low value, straightforward claims (such as holiday pay) as an alternative to the current employment tribunal process. 

Clive Lewis OBE, Globis Mediation Group’s founding director was interviewed by the Financial Times for an article on cyber bullying in the workplace. The article explores how the topic is becoming increasingly common in the workplace.

The full article can be found by clicking here.

Globis Mediation Group provides a course to support organisations that may be experiencing cases of bullying and harassment. To view the full content of the ‘how to prevent bullying harassment in the workplace’ one day course, please click here.

On the 20^th October, Globis Mediation Group’s Founding Director, Clive Lewis visited Windsor Castle to be presented with his OBE medal by the Princess Royal. The investiture ceremony was a fantastic experience for Clive and his family who thoroughly enjoyed the event.

Clive was awarded an OBE for Public Service in the 2011 Queen’s Birthday Honours List. For further information on Clive’s OBE please visit this page.

Employment tribunal statistics for the year up to March 2011 have recently been published.  In summary:

There were 218,100 claims to Employment Tribunals (ET) between 1 April 2010 and 31 March 2011. This was an 8% fall compared to 2009-10, but an increase of 44% against 2008-09.

Employment Tribunals disposed of (dealt with) 122,800 cases during 2010-11, 9% more than in 2009-10 and 33% more than in 2008-09.

The rise in cases disposed of was seen in multiple cases – increasing by 27% from 2009-10 to 2010-11, whilst there was a 3% fall in disposed single cases over the same period.

Of the 382,400 jurisdictional claims received in 2010-11, 30% were concerning Working Time Directive (largely airline cases that are resubmitted every three months), 28% were for unfair dismissal, breach of contract and redundancy (lower than in previous years) and 19% were for unauthorised deductions (Wages Act).

Of the 244,000 disposed jurisdictional claims, 39% related to Unfair Dismissal, Breach of contract and redundancy; 16% were for Unauthorised Deductions (Wages Act) and 11% were for Equal Pay.

At 31 March 2011, the caseload outstanding for ET was 484,300 – an increase of around a fifth on the number at 31 March 2010.  The vast majority of the outstanding (claims awaiting resolution) are multiple claims, including about 199,000 resubmitted airline Working Time Regulation claims referred to earlier and Equal Pay claims.

However, for single ET claims, there has been a reduction of 16% in the caseload outstanding, between 31 March 2010 and 31 March 2011.

The full report can be found here.                                                                                                                                    

Clive Lewis OBE recently participated in a podcast entitled ‘Introduction to Workplace Mediation’. The podcast also featured Globis trained mediator and Head of the Employment Law Department at Cumberland Ellis Solicitors, Mark Shulman.

The use of mediation in workplace disputes is becoming ever more popular and with the Government looking to take more cases out of tribunals, looks likely to become a core part of an employment law advisers remit.

In this podcast, featured on the Employment Cases Update website, Clive Lewis and Mark Shulman discuss the business case for, and practice of, workplace mediation as a means to resolve disputes without litigation. Clive provides an insight into examples of disputes that are suitable for mediation, instilling mediation into an organisation’s culture, what actually happens during a mediation session and discusses the recent government consultation into resolving workplace disputes.

To listen to the podcast, or to download the transcript, please click here.

If you have a forthcoming podcast that you would like Clive Lewis OBE to participate in, please be in touch with philomena.mcquinn@globis.co.uk

NEW BOOK ON SURVIVING REDUNDANCY IS LAUNCHED IN FACE OF HALF MILLION UK JOB LOSSES

Timely new redundancy book set to help hundreds of thousands of people find work 

—————————————————————————————————————–

Being made redundant is a very emotional and deeply personal matter. Even if you are one of an entire department that has been let go, the feeling of being surplus to requirements and not being needed will inevitably surface at some point. Some 400,000 people will face redundancy in the UK during 2011/12. Picking yourself up and moving on is a very difficult process, but also an essential one.

This new handbook ‘Bouncing Back From Redundancy – 12 Steps to Get Your Career and Life Back on Track’ will help those facing redundancy to identify the positives in their situation and inspire them to move on to the next step in their career.  

Written by Clive Lewis OBE, it comes packed with advice and experience from an industry leader in employee relations who has experienced redundancy from both sides of the fence.

The 12 practical steps in the book include:  

•  Handling the news and picking yourself up
•  How to identify where new job opportunities are likely to emerge
•  Finding out more about your personal strengths and weaknesses
•  Discovering the secrets behind finding jobs in the hidden market
•  Honing your interview skills and techniques
•  Improving your chances of reducing your time out of work

Each chapter is followed by a real life case study bringing the book alive by charting 12 experiences captured from people who have also experienced redundancy.

The author said: “The fact of the matter is that redundancy is now an occupational hazard that is increasingly prevalent in all sectors of employment, and anyone who goes through their entire career without once being exposed to the threat of redundancy is likely to be among the minority. If, or when, redundancy affects you it is important to respond positively and in a structured manner.”

Commenting on the new book Dr Noorzaman Rashid Leadership Services Director of Harvey Nash said “This book is timely. Hundreds of thousands of people need help to think through how to get back on their feet following redundancy. This book will come as a relief for them and be a support tool organisations can offer to help create a silver lining to the  difficult messages of redundancy”.

A workshop that is ideal to form part of an organisation’s outplacement service also accompanies the book. 

The book, released today and priced at £9.99, is available on Amazon and copies signed by the author are available here.

Note to Editors:

• Clive Lewis OBE is a HR Specialist and former HR Director who has experienced redundancy himself and managed many redundancy programmes 
• Bouncing Back From Redundancy – 12 Steps to Get Your Career and Life Back on Track is Clive Lewis’ fourth book.
• The ISBN for the book is 978-0-9568648-5-7
• Clive’s third book ‘Difficult Conversations – 10 steps to Becoming a Tackler not a Dodger’ received wide acclaim and was recently featured in the Sunday Times
• To arrange an interview with the author please call 0330 100 0809 or email philomena.mcquinn@globis.co.uk

October 11, 2011

8:15 AM to 9:45 AM

Date: 11^th October

Time: 8.15 for 8.45

Duration: One hour

Location: London, W1J 6QA

Cost: FREE

We are delighted to announce that in partnership with Harvey Nash, we will be hosting a breakfast briefing session on the hot topic of managing difficult conversations.

A recent survey revealed that 60% of managers avoid having difficult conversations. With organisations facing economic uncertainty, budget cuts, rising unemployment, constant change and performance issues, the need for having difficult conversations is increasing. 

This hour long session will focus on exploring the implications to organisations of managers dodging uncomfortable discussions and the benefits of tackling difficult conversations.  Clive Lewis OBE, author of ‘Difficult Conversations, 10 Steps to Becoming a Tackler not a Dodger’ will outline the 10 practical steps he has devised that can be taken to manage challenging conversations effectively -

All attendees will be given a complimentary copy of the handbook and the audio book. The handbook has proven itself to be a vital desktop support tool for managers in a variety of organisations across the UK. The handbook forms the basis of a training course developed by Globis Mediation Group that is part of a ‘how to’ series of workshops for managers.

Spaces are limited, so please contact Helen Robinson on 0330 100 0809 or Helen.robinson@globis.co.uk to reserve your place.

A light breakfast buffet and refreshments will be served.

June 29, 2011 to July 1, 2011

July 7, 2011 to July 8, 2011

September 13, 2011

September 22, 2011 to September 23, 2011

December 5, 2011 to December 7, 2011

December 15, 2011 to December 16, 2011

The National Employment and Workplace Mediation Certificate is Globis’ flagship course and runs in two units over 5 days as 2 blocks of 3 and 2 days. It provides delegates with the skills needed to become an accredited workplace mediator. Employment mediation refers to post termination disputes. Workplace mediation refers to disputes where there is an ongoing employment relationship. Many mediation providers only train in workplace mediation skills. Our course will equip you to mediate both employment and workplace disputes.

This one day course will help you understand that difficult conversations do not need to be as daunting as they appear, and will highlight the benefits that managing difficult conversations can bring to you as an individual, and to the organisation. You will learn how to manage difficult conversations, still achieve business objectives and keep important relationships intact.

By the end of the session delegates will have learned 10 practical steps to enable them to address difficult issues and tackle potentially awkward situations.

Content

Full course content can be found by clicking here

October 12, 2011 to October 14, 2011

There has never been a better time to train as an employment and workplace mediator. Globis Mediation Group began running the Workplace Mediation Conversion Course in 2010 and has quickly established an enviable reputation in the marketplace for the quality of the course.

The business case for mediation in the workplace is compelling and an increasing number of civil/commercial trained mediators are adding workplace and employment related mediation to their portfolio. 

For more information about this course, and to book your place, please click here