How far do cases go? Resolution in industrial tribunal applications

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