Unwary employers can find themselves on a hiding to nothing if they
fail to provide a formal written procedure for the resolution of
disputes at workplace level by the beginning of October.
Industrial relations experts are warning that, in the absence of
such a procedure, there may be an automatic initial presumption in
favour of the worker in any dispute.
Government measures to promote the resolution of disputes at the
workplace and so lighten the load on employment tribunals are due
to take effect from 1 October. The Construction Industry Joint
Council (CIJC) is seeking to produce an agreed standard procedure
for the private sector of building and civil engineering.
But the latest meeting of the joint council reached an impasse over
operative demands that the unions should have full representational
rights in any workplace dispute hearing. The issue has now been
referred back to the council's joint employer and union secretaries
for resolution.
A special meeting of the CIJC is set to be called before October to
finalise the new disputes procedures. "We are 95% there already,"
said a Construction Confederation spokesman.
Federation of Master Builders director of external affairs Andrew
Large said: "We have had a disputes resolution procedure in place
in our Batjic agreement with the TGWU since its inception. We have
modified this to make it fully compliant with the regulations,
which take effect in October."