Workplace disagreements and disputes are a natural part of any working environment.
However, when these disagreements escalate or become serious, understanding the employment dispute process is essential.
It ensures fairness, professionalism, and adherence to the rule of law.
In many jurisdictions, the employment dispute process typically progresses from internal grievance procedures to formal legal proceedings, such as tribunals.
Here’s a breakdown to help you navigate the complexities of this process.
The grievance procedure
For any dispute or grievance, employers have to follow the Acas code as this allows for a fair and full procedure.
If the case goes to an employment tribunal, the procedure followed will be taken into account.
Informal discussion
Before any formal steps are taken, it’s usually recommended for the employee and employer to have an informal discussion.
This is a chance to voice concerns, clarify misunderstandings, and ideally find a resolution without further escalation.
Written grievance
If informal discussions don’t resolve the issue, the next step is for the employee to submit a formal, written grievance.
This document should detail the nature of the complaint, provide evidence, and suggest potential solutions.
Employer’s response
Upon receiving the grievance, the employer should investigate the matter thoroughly.
They might speak to other employees, examine documents, and review policies.
After a comprehensive review, they should respond in writing, detailing their findings and any proposed resolutions.
Mediation
If the grievance isn’t resolved at the internal level, mediation can be a beneficial next step.
A neutral third party (mediator) facilitates a discussion between the disputing parties to help them reach a mutually acceptable agreement.
This method can be quicker and less confrontational than more formal methods.
Employment tribunal (or equivalent)
If internal grievance procedures and mediation fail, the next step might be to bring the case to an employment tribunal or its equivalent, depending on the jurisdiction.
- Submission
The aggrieved party (often the employee) submits a claim to the tribunal detailing their case and the alleged breaches of employment rights. - Response
Upon receiving the claim, the employer is required to provide a formal response, detailing their perspective on the case and presenting any counterarguments.
Preliminary hearings
In some cases, preliminary hearings are held to clarify certain points or decide on procedural matters before the full hearing.
The hearing
Both parties will have the chance to present their evidence and witness testimonies. After considering all the evidence, the tribunal will make a judgment.
This judgment can include recommendations or orders, such as compensation for the claimant or specific actions the employer must undertake.
Appeal
If either party believes there was a legal error in the tribunal’s decision, they might have the right to appeal to a higher court or specialised appeals tribunal.
Tips for navigating the employment dispute process
- Documentation: Always maintain thorough documentation of all interactions, decisions, and steps taken. This can be crucial for evidence if a dispute escalates.
- Seek advice: Engage with professional bodies or legal experts familiar with employment law in your jurisdiction.
- Stay professional: Regardless of the nature of the dispute, maintain professionalism. Avoid letting emotions dictate actions, which can lead to regrettable decisions or escalations.
- Open communication: Encourage an open-door policy where employees feel comfortable voicing their concerns.
If you would like advice about workplace disagreements and tribunals, please contact us today.