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Are HR business models in large organisations eroding specialist knowledge and causing discrimination of employees who are defined as ‘disabled’ under the Equality Act 2010? Is the Employment Tribunal still fit for purpose to consider cases?

I would welcome the views and feedback from other members who have been involved in attendance management processes which may have resulted in grievance,disciplinary, employment tribunal proceedings. 

Since 2016 I have been involved in research into cases (predominantly public sector organisations) that have ended up in Employment Tribunals.

All cases which have been studied in detail to date have indicated that the absence of specialist practitioners to advise on matters relating to all areas of equality and inclusion in these generalist models is resulting in Employment Tribunals to resolve issues

The original workplace issues in every case could and should have been resolvable by the correct application of internal policies and procedures.

There is a reluctance to mediate at any point in the internal and external proceedings including ACAS or judicial mediation through the ET process.

This results in long, protracted, adversary and expensive ET proceedings which are equally stressful for the claimant and respondent and rarely deliver ‘justice’.

Should ADR be mandatory before a case is allowed to proceed to a full hearing? 

I will anonymise any comments in any papers that I produce.

Thank you in advance for any responses 

885 views
  • I would broaden any research far wider than the public sector - whilst a large employer it is not necessarily indicative of general HR practice.

    There was a brief ish period where you did have to engage with internal grievance procedures before launching an ET case. It was soon ish dropped as unworkable and pointless.

    Personally I am all in favour of ADR processes - the difficulty is so few people have really found a model that works.

    If you find one then that would be great ( and it certainly isn’t ACAS ( imo) as that’s far too late and far too bureaucratic ).
  • In reply to Keith:

    Thank you. I intend to lobby MPs and other influential people to make it mandatory for claimants and respondents to refuse to engage in mediation without providing good reason for the refusal.
    This would help to prevent vexatious claims by claimants or respondents being able to rely on external legal representation to avoid discussion of information thrown up at disclosure stage.
    There appears to be an appetite in Courts and Tribunal Service to introduce ADR in all types of cases.
    My research identifies that this could improve the efficiency and effectiveness of the ET as they would only progress to a full hearing after the facts have already been properly established in the ADR stage.
  • In reply to Keith:

    Reason for initial sample being public sector is the fact that cases are being funded from public funding and Government Legal Department defending behaviour which would be exposed and considered in any mediation forum.
    The ETs are focussing on a process rather than the evidence.
    This leads to an inequality of arms for many claimants who cannot match the funding to enable representation to match the respondent
  • In reply to Yvonne Hall:

    The alternative view is that many public sector organisations now use lawyers to build cases meaning they run risk of running up large bills where as the ex employee run up no bills and can pursue claims at little financial cost.

    Good luck lobbying - I fear it’s a hopeless cause until we get regime change.
  • In reply to Keith:

    Just for completeness here’s your earlier thread on a similar subject

    community.cipd.co.uk/.../disability-cases-and-employment-tribunals