Employer Workplace Disputes
A problem within the workplace may arise for any number of reasons and can escalate very quickly. When a dispute arises within the workplace, it should be taken seriously and resolved as soon as possible.
Resolving a workplace dispute
An employer should ensure that it has up to date written policies and procedures which outline what action should be taken by both the employer and the employee where a problem is raised. The policies and procedures are usually outlined in a Staff Handbook and its location should be well communicated, for example, on an intranet site or in a staffroom.
Resolving a workplace dispute informally
An early and informal resolution can be beneficial to all affected parties. There might simply be a misunderstanding which can easily be corrected. Unfortunately, an informal approach might prove unsuccessful or the complainant may consider that a formal approach is more appropriate.
If a workplace dispute cannot be resolved informally
A complaint is usually raised in accordance with policies and procedures, more commonly, a grievance procedure. This should state exactly how the grievance process should be conducted and what can be expected.
A failure to address a dispute diligently may result in low morale, declining confidence, health problems, relationship difficulties and more commonly long-term absence. It is important to consider that the longer an employment problem is allowed to continue, the increased risk there is of an irretrievable breakdown in the relationship and an inability to continue in employment.
Termination of employment
Workplace disputes can be at a point where the employment relationship is at breaking point, an employee may decide to issue proceedings against an employer. There are strict time limits as to when a claim should be issued.
ACAS
It is a mandatory requirement to formally appoint ACAS (the Advisory, Conciliation and Arbitration Service) before a claim is issued at an employment tribunal. This is to enable the parties to resolve the issue by means of conciliation before litigation.
Settlement Agreement (formerly Compromise Agreement)
Where the employment relationship has broken down or the parties simply consider that parting company would be the best option, it is likely that an employer will ask an employee to enter into a Settlement Agreement. This is a confidential document that will prevent an employee from pursuing their employment rights in return for a financial settlement. There is a requirement that the employee obtains independent legal advice in connection with the Settlement Agreement.