At some point an employer will need to deal with workplace conflict, whether that be an employee raising a complaint via the grievance process or the employer considering disciplinary action. It can also arise where there is a difference of opinion or a clash of personalities.
All employers should have a suitable grievance and disciplinary procedure in place to deal with these conflicts consistently and fairly. They should also think about informal alternatives to foster positive working relationships with the employee(s).
One alternative that could be used prior to any formal procedure is workplace mediation.
Workplace mediation is a voluntary process where an impartial third-party helps to try and resolve a dispute. Mediation can help those involved to have open conversations that might usually be difficult to have, and allow them to explore each other’s issues and concerns to work together to reach a mutually acceptable solution.
Mediation helps provide solutions in a faster and far less stressful way; it will increase the chances of the relationship continuing on a more positive note.
For larger organisations an employer could seek an impartial third party from HR or from another area of the business not involved. Smaller organisations may wish to seek a third party from outside the business.
The mediator will allow those parties involved to recount their version of events with the other(s) listening. They will be given the opportunity to express what might be a mutually acceptable solution.
Following the mediation, the mediator will usually write to the parties involved setting out what was discussed and agreed.
If the mediation is successful, then the parties can move forward. Should it be unsuccessful, the employer can then provide the option of using the formal procedure.
Should you require assistance with mediation, ACAS have trained mediators who they can supply to employers: https://www.acas.org.uk/acas-mediation-support
Need more information?
For more information on TUPE or if you require any assistance, you can contact our Employment Client Services team on employmentinfo@daslaw.co.uk or call on 0344 2640102.