The CBI report, Lightening the Load suggests that more than half of employers think the tribunal system is too adversarial, with one-fifth claiming the system was damaging to employee relations, with one in four companies feeling that they had to settle out of court.
The Employment Tribunal Service figures for 2005-06 show an increase in claims on the pervious year, from 86,181 to 115,039.
Despite the introduction two years ago of the statutory procedures for resolving workplace disputes, employers still believe that there remains too much emphasis on procedures over substance. Furthermore, they suggest that too many minor disputes are now being raised into formal complaints.
The report suggests that automatic findings of unfair dismissal should not be made just because employers fail to follow the statutory procedure to the letter.
“It is very concerning that tribunal cases are now much more likely to be decided on the unsatisfactory basis of compliance with technicalities, rather than the substance and merits of the case, and whether the employer has behaved fairly,” the report said.
|
