Wednesday, July 24, 2019

Employee Relations and Employee Law Essay Example | Topics and Well Written Essays - 2000 words

Employee Relations and Employee Law - Essay Example The latter was largely unpopular with employers and some employees but provided a lot of billing time to the legal fraternity due to its intricate and indefinite procedures that were wrought with problematic clauses. An Associate at Mogers Associates, Tim Gofton observed that, ‘The complexity of the SDRP and the wide interpretations given by Tribunals to important areas of the SDRP (such as supposedly straightforward issues such as what constitutes a ‘grievance’) pushed employees towards seeking legal advice. This in itself pushed parties further away from resolution’ (Gofton, 2009 p.2). For the second time in five years, dispute resolution between employers and employees will be radically overhauled through an introduction of a process that has less stringent measures to the defaulting persons or entities when compared to the earlier process. While a majority of the players have welcomed the new forum for resolution of grievances, others have questioned the ambiguities encompassed in the new code which might lead to further escalation of grievance claims like in the earlier process (an increase by 40 - 65 percent within the last two years). Tynan (2009), however asserts that ‘the code is certainly less prescriptive than the old statutory dispute resolution procedures (SDRPs) that promoted fixation on procedural compliance rather than working actively to resolve the dispute.’(Tynan, 2009, p. 1). The formation of the Advisory, Conciliation and Arbitration Service (ACAS) in 1975 was preceded by a period of great turmoil in the relationships between employers and their staff. Large-scale industrial unrest in the late 1970s and 1980s was widespread due to lack of an agreeable dispute or grievance resolutions mechanism between the employers and employees. The government as a result formed ACAS through the Employment Protection Act to act as the arbitrator in the many highly volatile national strikes that were paralysing the nation hence sabotaging

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