Unions and employers are avoiding their lawyers

Both trade unions and employers are more reluctant than ever to seek legal advice early on in industrialdisputes, research has found.City firm DLA's ninth annual survey of industrial relations found an increasing trend for both sides to call upon solicitors' advice after negotiations had broken down - as opposed to before or during discussions.Figures showed that 30% of trade unions seeking legal advice did so after negotiations broke down - compared with only 7% last year.

Similarly, for employers the figure was 12% for 2001; none waited so long last year.David Bradley, the report's author and head of human resources at DLA, said the swing was down to parties being more aware of their legal rights.He added: 'In the past there was a tendency to arbitrate and come to a settlement, but there is now a greater propensity to legally challenge the outcome of the dispute.

It is also a reflection of the faster pace of industrial action these days.'The survey also showed that both employers and trade unions found that taking advice was far less successful than in previous years: 12% of unions said taking advice was unsuccessful, while 7% of employers said the same.However, the Advisory Conciliation and Arbitration Service fared worse, despite being preferred to lawyers as the conduit for resolving disputes by 70% of employers and unions.

The outcome of ACAS work was considered unsuccessful by 22% of trade unions who used it and 20% of employers.Andrew Towler