Creative thinking for employment disputes

Abraham Lincoln spoke wisely when he said: ìPersuade neighbours to compromise wherever you can. Point out to them how the nominal winner is often the real loser – in fees, expenses and a waste of timeî. These words are consistent with the message sent out to employers and employees in the changes to the current employment regulations.

What are the upcoming changes to Employment legislation?

On 6 April 2009, the new Employment Act 2008 comes into force. Its effect is to repeal the Statutory Dispute Resolution Procedures that have been in place since 2004. Under those procedures, employers and employees were obliged to go through certain steps in order to attempt to resolve disputes, and failure to follow those steps would result in severe penalties for both parties.

The new legislation encourages the use of the ACAS code of practice to deal with disciplinary procedures and grievances, but does not impose the severe sanctions for failing to follow the appropriate procedures, as seen in the 2004 Regulations. There will also be an expectation on parties to consider other means of resolving workplace disputes, such as Mediation.

What is Workplace Mediation?

Workplace Mediation is a cost effective and successful way of resolving disputes in the workplace by intervention at an early stage of any disagreement. This improves the likelihood of maintaining good and productive employment relations and may uncover any systematic problems at work so that changes can be made to improve for the long term. Any resolution is agreed by both sides and they take ownership of their decisions and the way forward.

How will this work for Employers?

Employers should consider implementing a mediation as a means of resolving workplace disputes. This can be done by introducing a mediation policy as well as the possibility of incorporating workplace mediation clauses in employment contracts.

Esyllt Davies, Employment Solicitor at Thring Townsend Lee & Pembertons describes the legislation: ìit introduces a new era of dispute resolution in the employment field. Following the repeal of the Statutory Dispute Resolution Procedures, employers can consider creative, informal and flexible means of resolving disputes without the need to embark on costly and lengthy litigationî.

For those who are interested in workplace mediation, Esyllt is happy to provide awareness training to HR professionals, business owners and managers on the practical issues surrounding mediation.

For further details or advice, please contact Esyllt Davies by email to edavies@ttuk.com.