New statutory procedures are slammed as too complicated

New grievance and disciplinary procedures that come into force today (Friday Oct 1, 2004) are so complicated that employees who have been treated badly at work will be denied access to justice, says the TUC.

The TUC is concerned that whilst the new procedures will be well publicised and help will be forthcoming to employees in unionised workplaces, in factories, shops and offices where there is no union presence, employees will struggle to get their heads around the new regulations.

Anyone not understanding the new procedures and failing to act in accordance with them, may not be able to get their workplace problem dealt with by a tribunal.

Commenting on the new procedures, TUC General Secretary Brendan Barber said: 'Unions have always led the way in resolving disputes and grievances within the workplace, only ever resorting to employment tribunals as a last resort. But the new procedures are too complicated, and are more likely to create confusion than solve workplace problems.

‘‘ Now more than ever before, trade union membership is the best safeguard to stop employees losing out under the new procedures. Employees in non-unionised workplaces don’t have access to expert advice from trained union reps so will struggle to understand the new rules. Where there are no unions to help, staff are likely to be deterred from taking cases, so will find themselves missing out on justice at work.'

The aim of the new statutory procedures was to reduce tribunals’ workloads, but the TUC is concerned that inadvertently the new laws could have the opposite effect, resulting in protracted hearings and complex legal arguments on whether the procedures have been followed.

Unconvinced that the new procedures are a step forward, the TUC aims to keep the Government to its commitment of reviewing the legislation in two years time.