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 This report concluded that the statutory dispute procedures should be repealed, which they were on 6 April 2009 by virtue of the Employment Act 2008.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

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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