Unions prefer law to pickets

DLA SURVEY: more legal advice sought in industrial disputes, but ACAS still comes top

Employers and trades unions are increasingly impressed with the performance of their legal advisers, according to DLA's annual industrial relations survey published this week.

The survey - which looks at the workplace relationships between employers, trades unions and employees - showed a continuing upward trend in the satisfaction levels from those who sought legal advice to deal with industrial disputes.

Of the 207 businesses surveyed, 65% of those which took external legal advice were very satisfied with the outcome.

The figure was up substantially from 1999's result of 52%, and 38% in 1998.

There was a slightly less positive result from the 42 trade unions surveyed.

Of those which sought external legal advice, 53% were very satisfied with the success levels achieved.

The figure rose from 43% in 1999 and 29% in 1998.

The survey also revealed that 85% of employers were seeking external legal advice early on in disputes.

Only 15% sought external legal help when negotiations had almost broken down and none after they had broken down completely.

However, 71% of trade unions and 68% of employers suggested that they preferred using the services of the Advisory, Conciliation and Arbitration Service (ACAS) or a similar type of dispute resolution over independent legal advice.

The report concluded that both trades unions and employers sought the 'comforting blanket of legal advice' in light of the uncertainty caused by 'the flurry of legislative activity' regulating industrial disputes.

Implementation of new collective rights provisions under the Employment Relations Act 1999 have all come in this year.

These include changes to employers' rights to sack striking workers, recognition for trades unions and the right for employees to be accompanied by a trade union representative in disciplinary and grievance procedures.

DLA's national head of employment, David Bradley, said the surge in legislative changes meant that there was 'undoubtedly' more work for lawyers who were being used more as consultants in the early stages of disputes.

Sue Allen