ABSTRACT

The evidence presented so far suggests that the application of ADR to employment law is questionable. An ADR scheme operated by Acas for alternative resolution of unfair dismissal claims exists. However, such a scheme was born out of a concern about the substantial rise in the caseload of tribunals although, ironically, unfair dismissal claims themselves had increased only marginally over the previous decade. For instance, in the 1980s, the maximum volume of cases in any year was 35,000, as opposed to the maximum volume of 71,000 cases in the 1990s.14 In 2001, 98,000 IT1 applications were recorded.15 Shortly after the new scheme was suggested, the number of claims reaching tribunals rose (temporarily) to the point where, in some regions, there was anecdotal evidence of representatives seeking adjournments because there was insufficient time for the preparation of cases.