ELA REPORT: ARBITRATION AND EMPLOYMENT DISPUTES - NOVEMBER 2017 - 2 MBWorking Paper No 1 - Arbitral Institutions - 83 KB Working Paper No 2 - Costs Issues in Arbitration - 323 KBWorking Paper No 3 - Injunctions and Arbitration - 326 KB Working Paper No 4 - A Summary of the Arbitration Act 1996 - 87 KB Working Paper No 5 - The Acas Arbitration Scheme - 137 KB Working Paper No 6 - Employment Arbitration in Different Jurisdictions - Interim Report - 112 KBWorking Paper No 6 (Appendix 1 - Survey) - 155 KB
Working Paper No 7 Employment Arbitration in Different Jurisdictions - Second Report - 135 KBWorking Paper No 7 (Appendix 1 - Summary of FINRA Arbitration Scheme for Industry) - 72 KBWorking Paper No 7 (Appendix 2 - Brief Survey of the AAA Rules) - 46 KBWorking Paper No 7 (Appendix 3 - Update on CNAT and Singapore) - 33 KBWorking Paper No 7 (Appendix 4 - Update note on CNAT) - 45 KBWorking Paper No 7 (Appendix 5 - AAA Employment Arbitration Rules and Mediation Procedures) - 855 KBWorking Paper No 7 (Appendix 6 - AAA Employment Due Process Protocol) - 97 KBWorking Paper No 7 (Appendix 7 - PLC AAA Employment Arbitration Flowchart (AAA Employment Arbitration Rules)) - 89 KB Working Paper No 7 (Appendix 8 - PLC flowchart on FINRA arbitration) - 475 KB Working Paper No 8 - Issues arising from Brussels I Recast and Rome I Regulations - 108 KB
Arbitration, mediation, and early neutral evaluation offer ways of resolving employment disputes. They are alternatives to litigation in the Employment Tribunal and High Court. There has been an increasing number of employment arbitrations in recent years, covering a range of disputes, for example: team moves, discrimination, restrictive covenants, confidential information, and partnership problems. Mediation has been with us for some time but is not used as much as it could be. The High Court Civil Procedure Rules have recently added provision for early neutral evaluation, and the Employment Tribunal has recently introduced the similar concept of judicial assessment.
Employment lawyers should be able to advise their clients about both traditional forms of litigation and these alternatives. Many ELA members will also want to feel equipped to play a full role in these alternative forums, whether as advisers, advocates or arbitrators and mediators.
ELA has published two reports from its Arbitration and ADR working party. The reports, together with the appendices and working papers that accompany them, provide an introduction to arbitration and ADR, an explanation of what these alternatives involve, and recommendations about how ELA and its members can make greater use of them to the benefit of their clients and their own practices.
The working party was co-chaired by Peter Frost (Herbert Smith Freehills) and Paul Goulding QC (Blackstone Chambers) and comprised ELA members with experience advising employers and employees, working in the public sector, in-house and private practice.
Members of Working Party
Peter Frost, Herbert Smith Freehills LLP (Co-Chair)
Paul Goulding QC, Blackstone Chambers (Co-Chair)
Ivor Adair, Slater & Gordon (UK) LLP
Michael Anderson, Lewis Silkin LLP
Joanna Blackburn, Mishcon de Reya LLP
Charles Ciumei QC, Essex Court Chambers
Maya Cronly-Dillon, Arthur J Gallagher International
Peter De Maria, Doyle Clayton Solicitors Ltd
Peter Finding, Withers LLP
David Green, Charles Russell Speechlys LLP
Shobana Iyer, Swan Chambers
Jenni Jenkins, Memery Crystal LLP
Susan Kelly, Winckworth Sherwood LLP
Esther Langdon, Vedder Price LLP
Stephen Levinson, Keystone Law
Jane McCafferty, 11 KBW
Ken Morrison, Kingston University London and St George’s, University of London
Malcolm Pike, Addleshaw Goddard LLP
Mary Siddall, University of Southampton
David Widdowson, Abbiss Cadres LLP
Max Winthrop, Short Richardson & Forth LLP