SIGN UP NOW
buy one get one free
Podcasts:
  • Course
  • Aims and Outcomes
  • Speaker
  • Resources
Kiss and make up?: Barry Clarke on dispute resolution in employment law

This episode of the Law Report focuses on the complex area of dispute resolution in employment law. This is an intermediate level course.



In October 2004, parliament brought into force statutory dispute resolution procedures. The stated purpose of these procedures was to encourage a dialogue between employers and employees before Employment Tribunal proceedings began, using a combination of carrot and stick.

However, there is general agreement that these have not proved terribly successful, and the employment bill now making its way through parliament will reform this system. The bill aims to implement a package of replacement measures following the repeal of statutory dispute resolution procedures, to encourage early/informal resolution and to change the employment tribunal system.

This podcast will look at why the statutory procedures have gone wrong and what the changes will mean for the future of dispute resolution in the workplace.

The information in this podcast represented the legal position when it was recorded in September 2008.

This podcast is only available for registered users, you need to or Login or Sign up to be able to listen to it.

Your Account
Aims and Outcomes

This podcast explores the complex area of dispute resolution in employment law, which involves most of us, either as employees or workers, employers, or advisers.

It will be useful for any employment lawyer wishing to understand more about the statutory procedures and the likely impact of new legislation in 2009 reforming the procedures.

The interview lasts for 29 minutes. It will take you a further 20 minutes to complete the questionnaire. You will need to get 50 per cent of the questions right to gain your CPD.

The interviewer for this podcast is Fraser Whitehead, who also sets the questions.

Learning outcomes

After listening to the interview, you will understand:

  • The current dispute resolution procedures and the penalties for non-compliance
  • Other government measures to encourage settlement of employment disputes
  • The circumstances when the procedures don’t apply
  • The approach taken by employment tribunals and the employment appeals tribunal
  • The impact of the procedures on employment litigation
  • How the ACAS code relates to the procedures
  • The likely transition arrangements between the current and new procedures
Barry Clarke
Barry Clarke

Barry Clarke is a consultant to the employment department at Russell Jones & Walker, having been a partner in the firm for several years and former head of the employment department in Cardiff. He still advises clients and has responsibility for internal and external training. Barry's consultancy with Russell Jones & Walker is part of a portfolio of work in the employment and equality field.

Barry qualified in 1996. He holds two part-time judicial appointments in employment and immigration and is an ACAS arbitrator. He also holds a statutory appointment to the Wales committee of the Equality & Human Rights Commission.

He lectures regularly not only on the law but also on diversity and cross-cultural working. From 2006 to 2008, Barry was the national chairman of the UK Employment Lawyers' Association. He is a trustee of Cardiff Law Centre. His publications include "Challenging Racism" (Lawrence & Wishart, London, 2002) and he is on the editorial board of PLC Employment Law and the editorial advisory panel of the forthcoming "Equality & Discrimination Law" by Fredman et al.

Chambers and Partners legal directory has identified Barry as the leading claimant employment lawyer in Wales and "second to none … no one comes near Russell Jones & Walker for claimant work". The Legal 500 (2007/2008) recognises the Cardiff department as "the leading claimant employment law practice in Wales". Barry has been recommended as a leader in his field for Employment in Chambers and Partners legal directory 2009.