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Archive for the '2011' Category

Government Consultation Response Published


Today the Government published a response to its consultation on Charging Fees in Employment Tribunals and the Employment Appeal Tribunal.  From next summer, fees will be introduced into employment tribunals and the Employment Appeals Tribunal to encourage businesses and workers to mediate or settle a dispute rather than go to a full hearing. 

By introducing fees, people using employment tribunals will start to contribute a significant proportion of the £84m cost of running the system. The aim is to reduce the taxpayer subsidy of these tribunals by transferring some of the cost to those who use the service, while protecting access to justice for all.

Two main fees will be introduced, the first payable at the issue of the claim and the second, the hearing fee, payable around four weeks prior to the hearing taking place.  From summer 2013, mediation by a judge will cost £600 rather than the £750 proposed in the consultation document. This offers a considerable saving on the £1,200 it would cost to take a “level 2” claim all the way to full hearing. The lower fee to take the administratively simpler “level 1” claims to a full hearing will be £390 – which drops to just £160 if settled before the hearing fee is payable.

Fees to use the employment tribunal will be payable in advance, and most types of fee will only apply to the person bringing the claim. However the tribunal will have the power to order the unsuccessful party to reimburse the fee to the successful party. In practice, cases are often settled rather than there being a clear ‘winner’ or ‘loser’ and the issue of reimbursement would form part of the settlement.

Many people on low incomes may not be required to pay the full fees – under the same remission system which already exists for court users who pay fees to use the civil courts’ services. Following this extension of this exemption system, the Government will review its use across both courts and tribunals and publish a consultation later this year as part of a wider review required by the introduction of Universal Credit in late 2013.  We would welcome your further input into this consultation. The aim will be to produce a single remissions system for courts and tribunals which is simpler to use, more cost effective and better targeted to ensure that those who can afford to pay fees do so, while continuing to provide access to the courts and tribunal system to those who cannot. 

The Government received 140 responses to the consultation.


Clive Lewis OBE DL


I am sure you will be delighted to know that last week the London Gazette announced that Clive Lewis OBE has been commissioned as a Deputy Lieutenant.


Following this, a press release about the appointment has been published. Please click here to read the press release.


We all give Clive our congratulations and best wishes.  



Professor Jack Fallow

 Director 

Clive Lewis collects his OBE

On the 20th 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 Tribunals and EAT Statistics, 2010-2011


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.


Jurisdiction Mix of claims accepted

Nature of claim

2010-11

Working Time Directive

114,100

Unauthorised deductions (Formerly Wages Act)

71,300

Unfair dismissal

47,900

Breach of contract

34,600

Equal pay

34,600

Sex discrimination

18,300

Redundancy pay

16,000

Redundancy – failure to inform and consult

7,400

Disability discrimination

7,200

Age discrimination

6,800

Others

5,500

Race discrimination

5,000

Written statement of terms and conditions

4,000

Suffer a detriment / unfair dismissal – pregnancy

1,900

Transfer of an undertaking – failure to inform and consult

1,900

Part Time Workers Regulations

1,600

Written pay statement

930

Written statement of reasons for dismissal

880

Discrimination on grounds of religion or belief

640

Discrimination on grounds of sexual orientation

520

                                                                                                               

 

Representation of Claimants at Employment Tribunals

2010-11

 

Lawyers 

142,700

No rep information provided 

40,400

Other 

25,000

Trade Union 

10,000

 

                                                                                                                    

Compensation awarded by Tribunals

Maximum

Average

Median


Unfair dismissal jurisdictions

181,754

8,924

4,591

Race discrimination jurisdictions

62,530

12,108

6,277

Sex discrimination jurisdictions

289,167

13,911

6,078

Disability discrimination jurisdictions

181,083

14,137

6,142

Religious discrimination jurisdictions

20,221

8,515

6,892

Sexual orientation discrimination jurisdictions

47,633

11,671

5,500

Age discrimination

144,100

30,289

12,697


The full report can be found here.                                                                                                                                    

                                                                                                                                   


 

 

Podcast featuring Clive Lewis OBE

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 by Clive Lewis OBE on surviving redundancy is launched

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

How to manage difficult conversations – breakfast briefing session


Date: 11th 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 –


  Before
  • Recognise the need
  • Prepare
  • Get advice or support
  • Be courageous
  • E-void

  During
  • Be professional
  • Listen


  After
  •Let it go
  •Keep going
  •Make it a lifestyle








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.


Clive Lewis awarded an OBE in the Queen’s 2011 Birthday Honours list

12 June 2011

Globis Mediation Group is pleased to confirm that its founder Clive Lewis has been recognised in the 2011 Queen’s Birthday Honours list. He has been awarded an Officer of the Order of the British Empire (OBE) for Public Service.

Two main areas have been cited in recognition of his work:

  • Chair of the REACH project
  • Director of Globis Ltd

During 2006-2009, Clive Lewis chaired a government appointed independent panel that assessed the cost of underachievement of young males from poor socio economic backgrounds.

The ground breaking project identified, for the first time, the true economic cost of underachievement for the group. Taking the areas of Education, Employment and the Criminal Justice System, the research pointed to cost saving opportunities in excess of £24billion. As chair of the REACH panel, Clive reported to the Secretary of State for Communities and Local Government. The primary research included visiting key locations such as London, Manchester, Birmingham, Nottingham and Bristol to engage with local community groups. The government accepted four of the five recommendations, one of which was to launch a national role model programme. The implementation of the programme began within weeks of the report being accepted by government. The objective is to help raise the aspiration levels of those in the said group.

Clive Lewis continued to chair the REACH panel despite experiencing a personal tragedy late in 2006. His father and his wife’s identical twin died within five weeks of each other. Both had suffered lengthy periods of illness.

Clive continues to devote a generous amount of his time to charity work. He is particularly interested in tackling issues related to social mobility and social action.

In a second area, as Founder of the Globis Mediation Group, Clive Lewis has worked tirelessly to raise the profile of mediation in the UK. A commercially trained mediator, he specialises in resolving complex one to one, team, organisational and collective disputes. In 2007, he advised the Gibbon’s Review panel whose work led to the repeal of the statutory 3-step grievance and disciplinary process and the introduction of a revised ACAS Code of Practice. He subsequently advised the Chartered Institute of Personnel and Development on their response to the review.

Globis Mediation Group trains hundreds of new mediators and provides mediators for a myriad of disputes every year, and delivers both preventative and remedial people services for some of the largest organisations in the world. The current economic climate has also prompted an increasing number of organisations to outsource their mediation and dispute resolution provision to Globis.

Clive Lewis has worked closely with members of the workplace mediation community, and has acted as chair of the leading group of UK workplace mediation providers since 2006. He is well known for drawing the business community’s attention to the rising cost of conflict in the workplace, currently running to nearly £30 billion each year. Clive Lewis has also advised other countries such in relation to the development of mediation, recently addressing 400 members of the judiciary from an African country. His exposure at international level is continuing to increase.

He is the author of three books and his fourth book is scheduled to be published later this year. His latest widely acclaimed handbook ‘Difficult Conversations – 10 Steps to Becoming a Tackler Not a Dodger’ was recently featured in The Sunday Times and, along with the accompanying training course, is quickly becoming a runaway success. He is recognised as one of the UK’s leading experts in the field of mediation in the workplace.

Some of the recent disputes he has mediated have included:

• A claim for bullying and harassment amongst a team of 30 health professionals in the NHS

• A sex and race discrimination claim between a chairman and chief executive of a FTSE350 company

• A group of teachers, represented by their trade union, who were discontented with the performance of their headteacher

• A multi-million pound commercial dispute between three organisations in the consumer industry

• A claim for unfair dismissal of a team manager of a high profile UK sports club

• A dispute between two chief executives who had fallen out due to supply chain and fulfilment difficulties as part of a commercial supplier / customer relationship

A former HR director, he continues to work with HR professionals, solicitors and barristers to resolve some of the UK’s most complex disputes.

Clive Lewis’ ability to juggle his day job with giving back to the community and good causes is exemplary. He is a great example of someone who makes an all round contribution.

I would like to congratulate Clive on this recognition of his dedication and tireless work.


Professor Jack Fallow
Director

People Management magazine features Clive Lewis as it spreads the message of mediation

People Management magazine, the magazine for the Chartered Institute of Personnel and Development, features an article entitled ‘HR urged to spread message on mediation’. The article explores the issue that mediation should form part of the tool kit of line managers, and not just be seen as an HR only function. The business case for mediation, a core part of Globis Mediation Group’s message, is also discussed in the article.


The article features Clive Lewis, Globis Mediation Group’s Founding Director, and takes heed of his comments made during the London launch of his latest book on mediation ‘Win Win; Resolving Workplace Conflict: 12 Stories’. The article also features comments on the topic of increasing the awareness and use of mediation from other speakers at the launch. They include Leigh Lafever-Ayer, corporate HR manager, UK and Ireland at Enterprise Rent-a-Car and Mike Emmott from the CIPD.


The full article can be found by clicking here.

Clive Lewis’ handbook on Difficult Conversations featured in The Sunday Times

Globis Mediation Group’s Founding Director Clive Lewis has written a helpful handbook for dealing with difficult conversations.


Recent research indicates that over 70% of line managers struggle with difficult conversations.


The advice inside leads readers to proactively deal with difficult issues quickly, enabling you to remain positive and move on.


In ‘Difficult Conversations – 10 Steps to Becoming a Tackler not a Dodger’, straight to the point guidance and easy read extracts put you in the best position to negotiate your way through awkward situations, situations that otherwise could develop into daunting and time consuming issues if they are avoided.


The ten steps in the handbook fall into ‘before’, ‘during’ and ‘after’ categories that encourage suitable preparation, courageous implementation and the maintenance of the positive attitude required to be a tackler. In the current climate where workplace conflict reduces productivity and costs organisations hundreds of thousands of pounds, this handbook can help to provide huge savings.


Read the full Sunday Times Article here.




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