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No Claim, No Pain? The Privatization of Dispute Resolution in Britain

Author

Listed:
  • Trevor Colling

    (De Montfort University)

Abstract

This article explores current strains within the Employment Tribunal Service (ETS) in Britain. These should be seen as consequences of the ‘nationalization’ of employment rights; the assumption by the state of the principal roles and costs involved in dispute resolution, displacing joint regulation by employers and trade unions. The predominant policy response to the escalating demand for tribunal hearings can be characterized as ‘privatization’, in that dispute resolution is capped as far as possible at the level of the .rm and access to external adjudication is reduced. Where external adjudication proceeds, it does so in ‘private’; and roles are passed increasingly from public bodies and authorities to private organizations. Speci.cally, the article examines the ACAS Arbitration Scheme, the growth of privately provided alternative dispute resolution (ADR) and the provisions of the Employment Act 2002. Their likely consequences for the accessibility, formality, speed and expense of justice are considered.

Suggested Citation

  • Trevor Colling, 2004. "No Claim, No Pain? The Privatization of Dispute Resolution in Britain," Economic and Industrial Democracy, Department of Economic History, Uppsala University, Sweden, vol. 25(4), pages 555-579, November.
    • Handle: RePEc:sae:ecoind:v:25:y:2004:i:4:p:555-579
    DOI: 10.1177/0143831X04047159
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