DISPUTE RESOLUTION Flashcards
PRACTICE INSIGHTS
It’s important for organizations to have effective dispute resolution procedures in place to address conflicts that may arise
between employees, teams, or even between employees and management.
➢ “us and them” mentality that can develop between different groups or individuals. This can lead to a lack of trust and
communication and can make it difficult to resolve disputes.
➢ Nurses/ rail worker strikes
➢ “what’s in it for me” manipulative or self-serving behaviour in the workplace
CONFLICT IN THE EMPLOYMENT RELATIONSHIP
➢ Conflict is common in the workplace
➢ Interpersonal conflict affects over a third of UK employees.
Grievances against individuals can include:
* personality,
* values,
* opinions,
* competition,
* overspill from personal issues
Grievances against management can include:
* Management style
* Changes
* Unfairness
* breaches of rights
* lack of trust and cooperation.
If left unchecked, conflicts may lead to grievance, discipline procedures, or employment tribunals
WORKPLACE CONFLICT IN THE UK: EXTENT AND NATURE
Managing conflict is often about understanding the perceptions one person has of the other:
* Personalities involved more likely to spark off conflict; also needs and expectations at work
* Psychological/behavioural consequences more likely than disciplinary/legal consequences
APPROACHES TO CONFLICT MANAGEMENt
Individual conflict:
➢ Minor problems/informal conflict: For minor disagreements or personality clashes, managers can have a quiet word
with the individuals involved and try to investigate informally by reframing the problems.
➢ Major problem/formal: For more serious conflicts, managers should follow the grievance and dispute procedure, and if
necessary, settle the dispute through a tribunal hearing or conciliation.
Group conflict:
➢ Minor problems/informal conflict: For minor issues such as team rivalry or lack of trust and cooperation, managers can
improve ways to consult with employees, such as in the case of redundancies. If employment relations are worsening
over issues like pay, greater employee involvement, such as joint committees, can be helpful.
➢ Trade dispute: For more serious conflicts between unions and management, managers should follow dispute resolution
procedures, and if necessary, be prepared to deal with industrial action. Attempting to prevent industrial action can
also be useful.
DISCIPLINARY AND GRIEVANCE PROCEDURES
➢ Disciplinary and grievance procedures are a crucial part of managing the employment relationship, as they provide a
framework for addressing employee complaints and conduct issues.
➢ Employers are strongly encouraged to develop their own procedures, and there is a high-profile Code of Practice issued
by ACAS that sets out best practices.
* If a formal dispute arises, it can go to either the ordinary courts or the employment tribunal. There is a statutory
obligation for ACAS to get involved in proceedings to try and reach a settlement before the case goes to a tribunal.
* ACAS provides pre-claim conciliation, and a majority of applications to tribunals are settled on a voluntary basis or
withdrawn
* A COT3 settlement agreement can be used, or the claimant may be authorized to institute employment tribunal
proceedings.
* Independent third-party mediation may be considered at any stage of the process. These “cost-effective filters” aim to
keep individual and collective workplace disputes out of employment tribunals, and they can provide a more efficient
and effective way to resolve conflicts.
* The ACAS Code of Practice 1 on Disciplinary and Grievance Procedures is a statutory authority that aims to resolve
disputes at the lowest level of formality and be a cost-effective filter. Employers who do not adhere to the code of
practice may have a serious impact on the outcome of any claim brought against them.
* Employment Tribunals have jurisdiction over some breach of contract claims but primarily statutory employment
claims, and they have a lower level of formality than courts. Claimants are required to pay fees to lodge a claim, and the
tribunal comprises three persons, including an employment judge and two lay participants with expertise in industrial
matters.
ET COMPLAINTS STATS
➢ decrease in the number of applications to enforce employee rights, which could be an indication of better employment
practices.
➢ increase in the percentage of claims accepted by employment tribunals, with a focus on complaints related to work
time directive, unfair deduction, dismissal, and equal pay.
ALTERNATE DISPUTE RESOLUTION PERSPECTIVES
- Mediation is a common alternative dispute resolution pathway involving an impartial mediator who helps resolve
differences between two parties. It protects ongoing relationships at work and does not make judgments or determine
outcomes. - Conciliation is like mediation, but against the background of an actual or potential claim. The ACAS Pre-Claim
conciliation service aims to resolve disputes before they go to a tribunal hearing. - Arbitration is a pathway where both parties seek an arbitrator to settle a dispute. It is available for unfair dismissal or
complaints under flexible working regulations. The independent arbitrator appointed by ACAS settles the dispute, and
the decision is binding. It is an alternative to a tribunal hearing.
CAN CONFLICTS BE PREVENTED
Although avoiding conflict entirely may be unrealistic, there are ways to prevent or reduce its negative impact in the workplace.
Optimistic View:
* establish clear dispute resolution procedures such as grievance and disciplinary issues.
* Linking individual performance to overall targets can improve employee involvement and motivation.
* rewarding and treating employees fairly,
* building strong employee relationships
* building trust between employee representatives and management
Nuanced View
* individuals may deliberately seek out or enjoy conflict for personal gain, such as attention or power.
* Teams under pressure may regress into unhealthy coping mechanisms, such as deflecting anxiety into a fight against a
perceived common enemy.
Therefore, it is crucial to be aware of recurring patterns of dysfunction in individuals or teams and to address them proactively
through training, support, and intervention
