Reimagining Employment Dispute Resolution and Enforcement / Sarah Fraser Butlin, Catherine Barnard and Maayan Menashe.

Format:

Book

Author/Creator:

Fraser Butlin, Sarah, author.

Barnard, Catherine, author.

Menashe, Maayan, author.

Language:

English

Subjects (All):

Arbitration, Industrial--Great Britain.

Arbitration, Industrial.

Dispute resolution (Law)--Great Britain.

Dispute resolution (Law).

Employee rights--Great Britain.

Employee rights.

Labor courts--Great Britain.

Labor courts.

Labor laws and legislation, International.

Labor laws and legislation--Great Britain.

Labor laws and legislation.

Physical Description:

1 online resource (384 pages)

Edition:

1st ed.

Place of Publication:

London : Bloomsbury Publishing (UK), 2026.

System Details:

text file rdaft

Summary:

This open access book examines the evolution of employment tribunals from a speedy, informal process to a system marked by delays and significant financial and human costs. Resolving disputes in the workplace is difficult, expensive and emotionally charged. The current system is broken but what is the answer? Using material from a large-scale empirical study, including a survey of over 200 practitioners, the book examines the problems facing the system. It then considers how these problems are addressed in other jurisdictions both in the UK and in other countries. The book then examines what can be done. It suggests that locating labour law disputes within a contract-tort-human rights frame takes insufficient account of the fundamental emotional and behavioural factors that are in play. The book therefore argues that much can be learnt from the resolution of family law disputes, whether it be in relation to how a relationship that has ended can be satisfactorily concluded, or how a relationship with ongoing ties can be managed going forwards. Utilising this theoretical reframing, the book proposes a blueprint for the future of employment dispute resolution. This book is for policy makers, practitioners and academics looking for a rigorous empirical and theoretical analysis of what has gone wrong with employment dispute resolution and what can be done about it. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Contents:

Part I: Context and Theoretical Underpinnings 1. Evolution of the Employment Tribunal system 2. Other Fora for Employment Claims 3. Theoretical Underpinnings of Employment Law and Dispute Resolution Part 2: Resolving Disputes Without Litigation 4. Early Resolution of Disputes 5. Looking Across the UK Landscape for Methods Which Might Encourage Early Settlement 6. Looking Internationally: Lessons for Reform of Employment Dispute Resolution from Other Jurisdictions Part III: The Tribunal Litigation Process 7. The Litigation Process in the Employment Tribunal System 8. Starting Claims and Dealing with Problem Pleadings 9. Exploring the Landscape of the Litigation Process: Tracking, Evidence and Disclosure 10. Alternative Dispute Resolution Once a Claim has been Issued Part IV: Costs, Fees and Enforcement 11. Costs and Tribunal Fees 12. Enforcement of Awards and Addressing Systemic Issues Part V: Recommendations and Methodology 13. Recommendations Past and Present Appendix 1: Methodology

Notes:

Creative Commons. CC BY-NC-ND 4.0. https://creativecommons.org/licenses/by-nc-nd/4.0/

ISBN:

9781509990504

OCLC:

1587325069