ABSTRACT

The concept of using arbitration as a means of resolving disputes relating to the disciplining and dismissal of individual employees is by no means new. In 1993, Lewis and Clark1 outlined the use of the voluntary Acas arbitration arrangements in such cases, at that time around 60-70 per year, mainly arising from provisions contained in national, industry-wide collective agreements. The experience of these authors and of their fellow arbitrators hearing such cases led them to propose voluntary arbitration as an alternative which parties could jointly opt for as opposed to the statutory route of the industrial tribunals for resolving individual employment rights disputes. Key differences between the two processes include the following:

• the use of an employment relations standard as opposed to a legal one in deciding a dismissal;

• speedier, less adversarial and more inquisitorial arbitration hearings; • the savings that such hearings can provide in terms of both time and money; and • the scope that they can provide for a wider range of remedies than are available

under the statutory route.