Draft government regulations introducing statutory measures to
resolve employment disputes at local level are likely to be
seriously counter-productive, according to the Engineering
Construction Industry Association (ECIA).
In a response to a government consultation document, the
engineering construction contractors say the proposed regulations
threaten to undermine existing tried and tested procedures.
"By substituting rigidly defined statutory procedures for the
common sense fairness principles of the past, we believe the
current proposals will generate litigation rather than reduce it,"
said the ECIA. "The letter of the law will be seen to have
triumphed over its spirit."
The association added: "The engineering construction industry has a
valued, tried and tested system of avoiding unnecessary tribunal
claims which commands the support of employers, employees, and
trade unions.
"At a government conference two years ago, the deputy prime
minister held up the engineering construction sector and its
employment practices as examples for civil engineering and building
employers to follow. This system is now under threat from the very
legislation that purports to support dispute resolution in the
workplace."
The proposals have been brought forward in the wake of an explosion
in the number of cases going through the employment tribunal
system. The construction industry has been the source of a large
proportion of these tribunal hearings.
The proposed regulations are intended to take effect from next
April. Envisaged as a mandatory, staged disputes resolution
procedure, they have already been dismissed as a "dog's dinner" by
the manufacturers of the Engineering Employers Federation.