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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 This report concluded that the statutory dispute procedures should be repealed, which they were on 6 April 2009 by virtue of the Employment Act 2008.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

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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