Dispute Resolution at the Workplace

Dispute Resolution at the Workplace â€Å"Dispute Resolution at the Workplace: The Practical, procedural and legal aspects†. Analyse this question in the context of the UK Employment law. The Employment Act 2002 (Dispute Resolution) Regulations came into force on 1st October 2004. The Act requires that all employees must have in place minimum statutory procedures, which would in effect deal with dismissal, disciplinary action and grievances in the workplace. This is in effect relevant to employers regardless of size. In essence, the regulation imposes on them the legal requirement for them to inform all their employees of the procedures in place. The aim of the Act is to build and enhance constructive employment relations in order to avoid litigation by developing better communication and improved conciliation. The Act was designed to encourage those involved in an employment relationship to discuss problems before resorting to Employment Tribunals. The obligation demands that both the employer and the employee follow a three-step minimum process when dealing with most dismissals, disciplinary and grievances procedures. The consequence of failing to abide by this is that it may result in the incurring of sanctions, which is normally financial penalty. The new three-step procedure was given full effect on 1st October 2004. In outline, the three-step process involves putting in writing any grievances, disciplinary and dismissal issues when they arise; meeting and discussing face to face in a meeting arranged by the employer; and appeal meetings if required. The Act itself introduced minimum procedures for settling grievances and internal disciplinary methods. The essence of this is to impart in employees the need to raise their grievances with their employers before applying to an Employment tribunal. The emphasis is for the need for all employers to have at least the minimum requirements in place. In reality, many employers will already have in place procedures, which go much further than the minimum requirement. In such a case, the only issue will be to confirm that the procedures in place comply with the new procedures. Employers are expected to inform their employees in a written statement provided within two months of them taking employment of the disciplinary rules which govern the company and whom to go to for grievances. The employee must then follow the grievance procedure and it is essential as a general rule that a grievance must be put in writing. All the requirements to be followed are expounded in the Act, all of which mus t be followed in order for a claim to be brought before the Employment Tribunal. The exception to this (requirement in writing) is in a case involving dismissal. Where the disciplinary or dismissal procedures have not been met before the case goes to the employment tribunal, this may in some circumstances affect a money award, in terms of decreasing an award if an employer was at fault for instance. There are practical obligations concerning procedures that have been imposed on both the employer and the employee. As regards the employee, the first thing to do where there are any concerns about his/her job relating to working conditions, or about co-workers, will be to raise the matter with the specified person referred to in the employer’s written statement. The employer must according to the provisions of the regulations inform the employee of the procedures to follow at the place of work if an employee wishes to raise a grievance. Where an informal meeting which will instigate a complaint about grievances fails to resolve the matter to the employee’s satisfaction, then he/she may begin a formal grievance procedure as provided for in the regulations. Where a formal grievance procedure is not followed, then the employee has failed in his statutory obligations and will not be able to bring a claim in the Employment Tribunal, except in cases to do with dismissals. The employee is then expected to set out his grievances in writing. The employer must then arrange a meeting to discuss the employee’s grievances. The employee has a right to be accompanied by someone at work or a trade union official. Where the employee feels that his/her grievances have not been dealt with to his satisfaction, he must then inform his employer of his intentions to appeal. The employer must then arrange a meeting to do this. This will be the final stage as a minimum requirement of the Act. Where the employee is still not satisfied, he can bring his claim to the Employment tribunal, where he feels his employment rights have been infringed. The new statutory minimum procedures come into play when the employer is considering dismissing the employee or taking other disciplinary actions. Where the employer does not follow the new statutory provisions regarding grievance procedures and the employer dismisses the employee, the employee may complain to an employment tribunal who will normally find the dismissal automatically unfair and compensation will be increased. Similarly, where the employer fails to follow the new statutory rules, and where the employer take s other disciplinary action, short of dismissal and a successful claim is made to the employment tribunal about that action, any money awarded to the employee is likely to be increased by between 10% and 50% (this is on the assumption that the failure to follow the procedures was not the employee’s fault). The Department of Trade and Industry has made publications geared at both employees and employers in order to facilitate the new regulation, and for a smooth transition into its requirements. The website contains details about the Act and the steps to be taken in order to ensure adherence. It also contains a section aimed at assisting employees and it contains links to law centres and agencies that can offer their advice accordingly. The Act has no bearing on dismissals that took place before 1st of October 2004, even if the procedures undertaken by the employer carries on until after this date. The Act also has no bearings in instances where an employee brings a claim about a grievance that took place after the Act came into force. Harvey, Industrial Relations and Employment Law, LexisNexis Butterworths 2005 www.dti.gov.uk/er 1,010 words