The opinions of lawyers on the new arbitration scheme.

The irony of the new arbitration scheme lies in the fact

That employment tribunals were themselves originally

intended to be an 'easily accessible, informal, speedy and

inexpensive' alternative to the ordinary courts for dealing

With individual employment disputes.

True 2 True 3 False 4 True 5 False 6 False

E 2 d 3 a 4 c 5 b

C 2f 3b 4d 5a 6e

To hear a case

To waive rights

To plead a case

To apply a law

To appeal a case, an award

To challenge a case, an award, a law

31 Factual errors in memo:

1 Speed: The new arbitration procedure usually only

Takes half a day.

2 Appeals: While the decisions of an employment

Tribunal can be appealed, challenging the award of the

New arbitration scheme is much more difficult - the

arbitrator's decision is considered binding.

The new arbitration scheme only deals with unfair

Dismissal cases.

B

The following summary presents a selection of key

Features of both the new arbitration scheme and the

Existing employment tribunal process.

Unlike, In contrast to, Both... and...

This is clearly advantageous, A further advantage of

Confidentiality is ..., this can be regarded as a

Significant advantage

Suggested answer

Dear Mr Mason

In your email of 9 April, you asked for information

Concerning the new arbitration procedure. You specifically

Requested my judgment concerning the advantages and

Disadvantages of arbitration from the point of view of an

Employer. I will first explain some of the features of the

Existing employment tribunal process and then look at the

New arbitration scheme.

Employment tribunals hear the full range of employmentrelated

Disputes. They are public hearings held in front of

A panel of three people. The fact that they are public can

Be a disadvantage for employers, since well-publicised

Employee disputes can lead to unwanted bad publicity. As

A result, there is also the drawback of a greater tendency

To reach out-of-court settlements which are favourable to

Employees. A further disadvantage of employment

Tribunals is the fact that they typically take longer than the

New arbitration process. However, employment tribunals

Have the important advantage that decisions reached by

Them can be appealed.

In contrast, the new arbitration procedure only deals with

Unfair dismissal cases. The proceedings are held in a

Private setting, such as a hotel. Another difference is the

Relative speed of the proceedings, which typically last only

A half a day. This is clearly advantageous for an employer,

As it would save a great deal of time and money. However,

The new arbitration scheme does have a significant

drawback: the decisions reached by the arbitrators are

Considered binding, and so appealing or challenging a

Decision is very difficult.

On balance, I would say that the new arbitration scheme

Is attractive from the point of view of an employer, and I

Recommend that you consider making use of this new

Process to deal with unfair dismissal disputes.

Please do not hesitate to contact me if you would like

Date: 2015-12-11; view: 871