Two years after their introduction and the Department of Trade and Industry (DTI) is already considering revising the dispute resolution regulations because they are considered too complex.

The government’s intentions were confirmed to national law firm Shoosmiths after a report was leaked to the press about informal talks between the DTI, unions and employers’ groups. It is expected a formal consultation will take place next year.

Employers and employees alike have struggled to get to grips with the regulations, which aim to reduce the number of cases being taken to employment tribunals.

But the latest figures show these are rising and if the Irish experience is anything to go by, the age discrimination regulations will send the tribunal caseload soaring.

Shoosmiths’ employment partner Helena Derbyshire said: “Since October 2004, employers have had to follow the prescribed steps set out in the Employment Act 2002 before they can discipline or dismiss an employee.

“They must write to the employee stating the reasons for their action, hold a formal meeting and then offer an appeal.

“Recent case law has increased the complexity of these deceivingly simple steps even further.

“If the employer gets any part of the procedure wrong the dismissal is automatically unfair and any compensation awarded to the employee is increased by up to 50 per cent; there is no defence for minor breaches of the procedures.

“The employee is also required to raise a formal grievance at work before making a claim to an employment tribunal if they do not do so they lose the right to bring their claim.”

However, cases such as Shergold have indicated that for an employee a formal grievance can be contained in a letter of resignation.