Geoffrey Caesar, Solicitor

Workplace disputes and grievances are inevitable in any organisation but can negatively impact productivity, morale, and reputation and result in legal costs. Therefore, employers need effective policies and procedures to prevent and resolve workplace conflicts fairly, timely and constructively.

In this blog post, I will discuss some of the best practices for managing workplace disputes and grievances and the role of the Advisory, Conciliation and Arbitration Service (ACAS) in providing support and guidance.

Preventing workplace disputes and grievances

The best way to deal with workplace disputes and grievances is to prevent them from arising in the first place, for example, by:

• Creating a positive organisational culture that values diversity, inclusion, respect and communication.
• Establishing clear and consistent policies and procedures for performance management, disciplinary action, absence management, health and safety, equality and diversity.
• Providing regular training and development opportunities for managers and staff on communication skills, conflict resolution, mediation, and negotiation.
• Encouraging open and honest feedback and dialogue between managers and staff and among staff members.
• Providing channels for staff to raise concerns or complaints in a confidential and supportive manner, such as employee surveys, suggestion boxes, and whistleblowing policies.
• Recognising and rewarding good performance and behaviour and addressing poor performance and behaviour promptly and fairly.

Resolving workplace disputes and grievances

Despite the best efforts to prevent them, occasionally, workplace disputes and grievances may occur. When this happens, employers should follow these steps to resolve them effectively:

• Acknowledge the issue as soon as possible and show willingness to listen and understand the perspectives of all parties involved.
• Investigate the facts and evidence of the issue thoroughly and impartially, and keep all parties informed of the progress.
• Try to resolve the issue informally at first by facilitating a dialogue or a meeting between the parties or by using an internal mediator or a third-party facilitator.
• If the employer cannot resolve the issue informally, follow the formal grievance procedure as outlined in the employment contract or handbook, which should comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures.
• If the issue is still unresolved after following the formal grievance procedure, consider using external mediation or arbitration services provided by ACAS or other organisations.
• If the employee issues a claim to an employment tribunal claim, follow the ACAS Early Conciliation process before proceeding to the tribunal hearing.

The role of ACAS in workplace disputes

ACAS stands for Advisory, Conciliation and Arbitration Service. It is an independent public body that provides impartial advice and support to employers and employees on various aspects of employment relations. ACAS can help employers prevent and resolve workplace disputes by:

• Offering free online resources, such as guides, templates, tools, and webinars, on topics such as managing conflict at work and handling discipline and grievances.
• Providing tailored training courses for managers and staff on topics such as managing difficult conversations at work, mediation skills for managers, and managing mental health at work.
• Advising employers on setting up internal mediation schemes or providing external mediators to help resolve workplace conflicts
• Offering collective conciliation services to help groups of employees and their employer agree on issues such as pay, terms and conditions, and redundancies.
• Providing arbitration services to help parties reach a binding decision on a dispute by a third-party arbitrator.
• Delivering early conciliation services to help parties settle before going to an employment tribunal.

For more information on ACAS services, visit their website or call their helpline on 0300 123 1100.

Conclusion

Workplace disputes and grievances can be costly and damaging for employers and employees. Therefore, employers need to have effective strategies to prevent and resolve them in a fair, timely and constructive manner. ACAS can provide valuable advice and support to employers in this regard. By following the best practices outlined in this blog post, employers can foster a positive organisational culture that minimises conflicts and maximises performance.

I regularly advise and represent employers and employees in employment disputes, including settlement agreements and employment tribunal cases. Please get in touch with me using the enquiry form on gcaesar.com if you require legal assistance with an employment matter.