The Chartered Institute of Arbitrators (CIArb) Calls for all Missed Bonus Claims to be decided via Alternative Dispute Resolution
31 Oct, 2012
On 24 October 2012 the Supreme Court decided that 174 former Birmingham City Council workers could take their compensation claims for missed bonuses to the High Court. The council workers now have six years to bring the claim rather six months – the usual timeframe for Employment Tribunals and a significant increase in the length of time an employee can make a claim.
This Supreme Court decision will lead to thousands of other local authority employees retrospectively submitting claims in the High Court, causing a major congestion of the civil Courts and drain on public purses.
To alleviate Court congestion, CIArb is pressing for all such claims to be resolved by alternative dispute resolution (ADR) methods such as arbitration or mediation. CIArb, as a neutral charity, is approaching representatives from trade unions, local government and others operating in the field of ADR to help with the ADR process to provide speedy and fair resolution for all parties.
Commenting as keynote speaker at CIArb’s Mediation Symposium last week, former Lord Chancellor and Minister of State for Criminal Justice, Lord Falconer said: “The Supreme Court’s equal pay ruling yesterday will lead to billions and billions worth of claims. I suggest that such claims be mediated rather than leaving them to the vagaries of the legal system, which would be costly and – could take years.”
Anthony Abrahams (pictured), CIArb’s Director General says “ADR initiatives such as mediation and arbitration are an effective and efficient way of resolving disputes and are ideal for dealing with this type of conflict. Lengthy court cases can easily be avoided if opposing parties are prepared to sit around the table and discuss the best way forward. CIArb is committed to implementing an ADR process that produces positive results for both employers and employees.”