Tackling grievances

The Engineering Employers' Federation (EEF) has somehow reached the conclusion that many tribunal claims that are withdrawn or settled are automatically frivolous (see [2002] Gazette, 21 March, 5).

Such a view in no way reflects the experience of the Equal Opportunities Commission (EOC) in our 26 years of supporting and advising on sex discrimination claims.

There is a variety of possible reasons for a claim being withdrawn or settled.

Respondents may decide to settle, recognising that a claim is anything but frivolous and is likely to succeed at tribunal.

The cost and stress of taking a case to a tribunal, or difficulties in getting representation can deter applicants from proceeding with their claim.

It is also important to acknowledge that settlements can benefit an employer's workforce more widely.

The agreement may include, for example, an undertaking to review policy and procedures relating to the subject of the claim, such as equal pay or flexible working, or to provide extra training for staff on how to handle these issues.

Like the EEF, the EOC is keen to see more workplace disputes resolved without the need to go to an employment tribunal.

However, to claim that so many cases brought to tribunal are frivolous detracts from the credibility of that position.

If the proposed new statutory grievance procedure is to be effective it will require all grievances to be dealt with in good faith.

Julie Mellor, chairwoman, Equal Opportunities Commission