Assessing an arbitral route for unfair dismissal

Jill Earnshaw, Stephen Hardy

Research output: Contribution to journalArticle

4 Citations (Scopus)

Abstract

The Employment Rights (Dispute Resolution) Act, enacted on 8 April 1998, sought to make significant changes to the procedures relating to employment tribunals. In particular it proposed a scheme for ACAS arbitration of unfair dismissal claims which has now come into effect. This article describes the key features of the new scheme and discusses its underlying policy aims. It also raises operational, legal and human rights issues which may arise. Whilst reported views of the parties to employment tribunal hearings reinforce academic support for arbitration as a means of resolving employment disputes, this article seeks to evaluate its merits. More fundamentally, it argues that strengthening the present employment tribunal system and in particular the pre‐tribunal conciliation procedure, may have been preferable to the creation of a new and free‐standing scheme. It concludes with a review of this new ‘third way’ in employment dispute resolution.

Original languageEnglish
Pages (from-to)289-304
Number of pages16
JournalIndustrial Law Journal
Volume30
Issue number3
DOIs
Publication statusPublished - 2001
Externally publishedYes

ASJC Scopus subject areas

  • Law

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