Submission date: 5 March 2007

At its annual conference in May 2006, ELA published the findings of an extensive survey that it had carried out amongst its membership into the workings of the new Employment Tribunal Rules of Procedure, and the Statutory Dismissal and Disciplinary/Grievance Procedures. Its findings made clear that there was widespread unhappiness about the operation of the new Rules and Procedures.

The DTI was present at the annual conference, and ELA was immediately invited to discuss our findings in more detail with those who were at that stage responsible for dispute resolution reform. The meeting duly took place in June 2006.

The team responsible for this area at the DTI then changed, and there would appear to have been a rethink at policy level, such that in December 2006 Michael Gibbons was appointed by the Secretary of State, to review options for improving our system of Employment Dispute Resolution.

ELA formed a working party to come forward with their recommendations to Michael Gibbons for his consideration.

The members of the ELA working party that produced this response were:

Richard Fox of Kingsley Napley (Chair) – Introduction & Summary and Fixed Periods for Conciliation

Elaine Aarons of Withers – "Without Prejudice" discussions

Susan Belgrave of 9 Gough Square – "Without Prejudice" discussions

Emma Burrows of Trowers & Hamlins – Fixed Periods for Conciliation

Paul Daniels of Russell Jones & Walker – Statutory Disciplinary Procedures

Philip Harman of Cobbetts – Statutory Grievance Procedures

Paul Statham of Pattinson & Brewer – Acceptance of Claim/Response Procedure

Alison Wetherfield of McDermott Will & Emery – Statutory Disciplinary Procedures

Barry Clarke of Russell Jones & Walker and John Evason of Baker & McKenzie have also made valued contributions as Chair of ELA and Chair of ELA’s Legislative & Policy Committee (as he then was) respectively.