Commentary on Sections Dispute resolution Section 1: Statutory dispute resolution procedures
13.EA 2002 provides, in sections 29 to 33 and Schedules 2 to 4, for statutory workplace dispute resolution procedures (referred to in these notes as “the Statutory procedures”).
14.The Statutory procedures came into force in October 2004 and introduced mandatory “three step processes” to be followed in the workplace to handle disciplinary and dismissal matters raised by an employer, and grievances raised by an employee. These processes each require written notification of the issue to the other side, a meeting between the two sides and (if appropriate) an appeal. Additionally, where the employer or the employee respectively fails to use the minimum Statutory procedures, section 31 of EA 2002 requires a tribunal to increase or decrease any award.
15.When the procedures were introduced, the Government undertook to review their operation and impact after two years. The independent Gibbons Review [“A Review of Employment Dispute Resolution in Great Britain”, DTI March 2007 URN 07/755] concluded that the Statutory procedures, whilst right in principle, have as a result of their mandatory nature led to unforeseen consequences. In particular, they have tended to lead to disputes becoming formalised, and lawyers getting involved, at an earlier stage than had previously been the case. Following a full public consultation [“Resolving Disputes in the Workplace”, DTI March 2007 URN 07/734], the Government has decided to repeal the Statutory procedures.
16.Section 1 therefore repeals sections 29 to 33 and Schedules 2 to 4 to EA 2002, thus removing the Statutory procedures in their entirety.