Sorting out differences
Published:
DISPUTES and disagreements in the workplace have, unfortunately, been occurring for many centuries – often resulting in unhappy employees and reduced productivity, and ultimately costing industry millions of pounds each year.
Many different types of dispute can arise in organisations of all sizes, and operating in every business sector.
Two employees may be unable to work together because of a personal issue; an employee might have problems with his/her manager, or a board of directors may not be working well with senior management.
Traditionally, any problems within a workforce have been solved through a company’s grievance or disciplinary procedures. Indeed, currently, if an employee has a grievance which cannot be resolved informally, he/she must first use the statutory grievance procedure ahead of making a claim at an employment tribunal.
However, the current procedures carry an unnecessarily high administrative burden for both employers and employees, and can also have a number of unintended negative consequences.
As a result, many employers have become increasingly frustrated with the statutory grievance and disciplinary procedures, feeling that, rather than helping reduce the need for action to be taken, they have, in fact, resulted in a rise in the number of workplace disputes.
However, there may soon be some light at the end of the tunnel for disgruntled employers and their aggrieved employees as the Government has now introduced the Employment Bill, which is likely to become law in April, 2009.
The Employment Bill is largely the result of an independent review of the employment dispute resolution system in the UK, led by Michael Gibbons, which was commissioned by the Department for Business Enterprise and Regulatory Reform.
After Gibbons presented his report, the Government initiated an extensive consultation process, inviting stakeholders to give their views on a package of measures to help solve employment disputes in the workplace. The responses to the consultation helped the Government to identify key legislative reforms for inclusion in the Employment Bill.
Among the various measures that will be implemented will be the abolition of the current statutory grievance and disciplinary procedures. Under the new regime, employers will be encouraged to resolve disputes in the workplace through the use of mediation.
Alex Green, a director with leading Aberdeen-based commercial law firm The Law Agency, is dual-qualified in the practice of both English and Scots law and has extensive experience in both health and safety and employment law.
He is also accredited as a commercial mediator by the Law Society of Scotland and is a non-executive director of ADR Net, one of the UK’s largest mediation service providers.
In conjunction with Aberdeen and Grampian Chamber of Commerce (AGCC), Alex will next month host a special seminar looking at the benefits of workplace mediation.
Alex, who established The Law Agency in 2006, says mediation has long been seen as a very effective means of resolving disputes in a cost and time-effective manner, and believes its use within the workplace is becoming increasingly popular.
He said: “Workplace mediation is quite simply the process whereby a trained mediator facilitates the settlement of a dispute within an organisation. The process is entirely confidential and operates on a ‘without prejudice’ basis.
“Mediation can be used to resolve a multitude of complaints or issues within the workplace, from sexual harassment, bullying or discrimination to unfair or constructive dismissal.
“And the beauty of mediation is that it is a relatively informal and flexible procedure. As long as the parties involved fully buy into the process and agree to work together with the mediator to reach a solution to their problem, the approaches that can be used are extensive and far-reaching.”
Alex says there are a number of benefits of using workplace mediation, ranging from a reduction in the cost and time taken to resolve disputes – due to the limiting of legal fees and the non-requirement of court or tribunal time – to improved morale and working relationships.
“Recent statistics showed that around 80% of workplace disputes which are referred to mediation are settled – with an apology, payment of compensation, changes to working practices or increased training among the possible solutions.
“Employees are becoming increasingly aware of their rights and many will not hesitate to turn to the law to resolve their grievance.
With an increase in blogging, e-mail and web-based chat rooms assisting in the quick spread of discord within an organisation, a clearly defined and effective internal dispute resolution process for employees has never been so important.
“And organisations which introduce a constructive dispute resolution procedure into the workplace will quickly reap the benefits from increased staff morale, improved staff productivity and retention and reduced absences due to illness and stress.”
The Lunch and Learn Workplace Mediation seminar – where Alex will provide an overview of the subject and a worked example of the mediation process – is aimed at anyone responsible for managing people in the workforce.
It runs from noon until 2pm on Wednesday, October 1, at the offices of AGCC, at Bridge of Don, Aberdeen.
To book a place at the event – which is open to non-AGCC members – call 01224 343902, or e-mail sam.sim@agcc.co.uk
For further information about The Law Agency and its services, call Alex Green on 01224 639712; e-mail alex@the-lawagency.com, or visit www.the-lawagency. com
