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09 April 2009 / Cristian Ley
Issue: 7364 / Categories: Features , Tax , Employment
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Back to the future?

Cristian Ley welcomes the biggest political U-turn since the poll tax

When the government introduced the statutory dispute resolution procedures in October 2004 the aim was to provide a means for problems to be raised and discussed in the workplace and in some cases remove the need to resort to employment tribunals. However, as we all know, even the best laid plans do not always work out as one intends and in 2006 the government asked Michael Gibbons—former chairman of DTI Employment law simplification panel—to review the operation of the procedures and make recommendations for their reform and/or repeal.

Gibbons found that the statutory dispute resolution procedures had significant unintended negative consequences which outweighed any benefits they carried in terms of resolving workplace disputes. This report concluded that the statutory dispute procedures should be repealed, which they were on 6 April 2009 by virtue of the Employment Act 2008.
What replaces the statutory grievance, disciplinary and dismissal procedures?

The revised Acas Code of Practice (the code) will govern grievances, disciplinary proceedings and dismissals in place of the statutory procedures. In relation to grievances,

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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