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Dispute Resolution Procedures - Employment Act 2002

Starting Date: 16-05-06

Closing Date: 11-08-06

The Government proposes to make a minor amendment to the Employment Act 2002 (‘the 2002 Act’) concerning the duty on employers and employees to follow the dispute resolution procedures. Failure by either party to follow these procedures will affect the way in which the employment tribunal considers
claims. For a particular employment right to be subject to the procedures, it must be included within Schedules 3, 4 and 5 of the 2002 Act. The proposed amendments will add three employment rights to the Schedules and therefore bring them within the scope of the dispute resolution procedure.

This consultation document presents a draft Order which will effect the change. The Government considers that this change will create a more consistent treatment of employment rights and it should encourage more disputes about possible breaches of these three jurisdictions to be resolved at an earlier stage.

This consultation document seeks views on whether the three jurisdictions should be added to the Schedules, and asks for comments on the detailed drafting in the Order. The operation of the dispute resolution procedures themselves will be the subject of a separate review beginning in late 2006.

Consultation Documents

• Dispute Resolution Procedures - Employment Act 2002 (226KB)

Consultation Responses

• Dispute resolution procedures - Proposals to amend the Employment Act 2002 to extend the jurisdictions affected by the statutory dispute resolution procedure - response to consultation (43KB)