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How Far Do Cases Go? Resolution in Industrial Tribunal Applications

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  • K. G. Knight
  • Paul L. Latreille

Abstract

Drawing on theoretical developments in the arbitration literature, and in particular the concepts of ‘error’ and ‘intent’, this paper uses data from the 1992 Survey of Industrial Tribunal Applications to identify the factors associated with the stage at which resolution of individual employment disputes occurs. Resolution at ‘conciliation’ is primarily determined by applicants’ characteristics (most notably gender) and by case jurisdiction, whilst subsequent ‘pre‐tribunal’ resolution is driven largely by employer and case characteristics. The results are consistent with an error/intent interpretation. ACAS intervention appears to promote ‘settlement’ but does not enhance the overall resolution rate.

Suggested Citation

  • K. G. Knight & Paul L. Latreille, 2000. "How Far Do Cases Go? Resolution in Industrial Tribunal Applications," Manchester School, University of Manchester, vol. 68(6), pages 723-744, December.
    • Handle: RePEc:bla:manchs:v:68:y:2000:i:6:p:723-744
    DOI: 10.1111/1467-9957.00227
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    Cited by:

    1. Benoit P. Freyens, 2011. "Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone," ILR Review, Cornell University, ILR School, vol. 64(3), pages 576-598, April.
    2. Danielle Venn, 2009. "Legislation, Collective Bargaining and Enforcement: Updating the OECD Employment Protection Indicators," OECD Social, Employment and Migration Working Papers 89, OECD Publishing.
    3. K. G. Knight & Paul L. Latreille, 2001. "Gender Effects in British Unfair Dismissal Tribunal Hearings," ILR Review, Cornell University, ILR School, vol. 54(4), pages 816-834, July.
    4. Drinkwater, Stephen & Latreille, Paul L. & Knight, Ben, 2008. "When It's (Mostly) the Taking Part that Counts: The Post-Application Consequences of Employment Tribunal Claims," IZA Discussion Papers 3629, Institute of Labor Economics (IZA).

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