Lawyers 'valued' as employers and trade unions increasingly satisfied with advice

INDUSTRIAL RELATIONS SURVEY: ACAS still preferred over independent legal advice in disputes

Both trade unions and employers are increasingly satisfied with the legal advice they receive in industrial disputes, research has found.

City firm DLA's tenth annual survey of industrial relations found the result obtained in disputes following legal intervention was considered unsuccessful by only 2% of employers and 7% of trade unions.

The corresponding figures in last year's survey were 7% and 12% respectively.

David Bradley, partner and head of the human resources group at DLA, said: 'Both sides tend to use lawyers as their "hidden hand" in disputes, but when they are used their advice is generally highly valued.

I think solicitors definitely have an increasing role to play in helping organisations and businesses with employee relationship, and not just from an adversarial point of view, but as capable advisers.'

'There has been plenty for lawyers to get their teeth into this past year,' he added.

'High-profile injunctions such as those involving Midland Mainline and the Nationwide Football League have given the profession a chance to prove its worth.'

The research also revealed an increasing trend of trade unions seeking legal advice earlier in disputes than before, with 74% saying they would consult solicitors at the start of negotiations, as opposed to only 50% in 2001.

However, the corresponding figure for employers dropped from 73%, last year, to 63%.

The shift down was accounted for by a higher percentage stating they would seek legal help just before a complete breakdown of negotiations.

Employers are more inclined to take court action in order to prevent strikes, the report found.

Figures published by Labour Research revealed that in 2001, six employers used the courts to stop strikes, compared to only one in 2000.

However, the Advisory Conciliation and Arbitration Service (ACAS) was again preferred over independent legal advice as a channel for resolving collective disputes, with 75% of employers and unions choosing it (70% in 2001).

Andrew Towler