It looks like the controversial dispute resolution regulations are heading for the chop less than three years after they were introduced, as the government launches a consultation into their future.

The consultation coincides with the publication of the Gibbons Report which makes 17 recommendations, including abolishing the regulations.

Michael Gibbons said: “In conducting this review I was struck by the overwhelming consensus that the intentions of the 2004 Dispute Resolution Regulations were sound and there was a genuine attempt to keep them simple. However they have had unintended consequences which have outweighed their benefits.”

The ‘unintended consequences’ include the need to use formal procedures in cases where other approaches would be more appropriate and both parties feeling the need to seek external advice earlier than they would normally.

Richard Smith, employment services director at Croner, said: “The government’s strict procedures have made the whole dispute resolution process worse, with many more cases now going to costly and prolonged employment tribunals.

“The decision to undertake a consultation has to be welcomed and is a step in the right direction.”

The government is consulting on a range of recommendations from the Gibbons Report and asking if there should be:

• A new, swift approach for dealing with straightforward claims without the need for employment tribunal hearings




• A reformed tribunal system with simplified processes and timings




• An invitation to the CBI, TUC and other representative organisations to produce guidelines aimed at encouraging and promoting early resolution in the workplace




• Incentives for employers to make reasonable attempts to resolve a dispute early




• A redesigned application process to tribunals, so potential claimants access the system through a new advice service, and receive advice on alternatives when doing so.

Trade and industry secretary Alistair Darling said: “Workplace disputes are expensive and wasteful for employers and stressful for employees. We want to find the best way to reduce the numbers, get them solved earlier, and keep the system fair for everybody.” The consultation closes on 20 June.