2. 12 Resolving disagreements

2.12 Resolving disagreements Disagreements between employers and employees  May occur rarely, if ever  May be minor, and quickly resolved  May relate to only one employee  May be serious and more difficult to resolve  May involve several people  May have to be settled outside the company

2.12 Resolving disagreements Employer grievance procedures  Grievance procedures (for an employee with a problem or complaint)  Disciplinary procedures (when the employer has a problem or complaint about an employee) Most organisations have procedures to resolve disputes, ie:

2.12 Resolving disagreements Employee grievances May be about:  Pay (eg mistake in pay packet)  Work issues (eg change of hours or duties)  Discrimination or unfair treatment All may be resolved quickly and informally without using grievance procedures.

2.12 Resolving disagreements Formal grievance procedure Usually in three stages:  Within the department (eg with own supervisor or manager)  Outside the department (eg with more senior manager)  Outside the organisation (eg through ACAS – the Advisory, Conciliation and Arbitration Service)

2.12 Resolving disagreements Disciplinary procedures Usually 3 stages, depending upon reason for action. Stage 1 Minor offence = verbal warning Stage 3 Serious or repeated offence = final written warning Stage 2 More serious offence or ignoring verbal warning = written warning to employee Summary dismissal – being sacked without notice for very serious offence.

2.12 Resolving disagreements Legal reasons for dismissal  Breaching contract of employment  No work to do (redundancy)  Employee incapable of doing the work  Involvement in illegal activities  Some other substantial reason (e.g. continually refusing to comply with reasonable requests)

2.12 Resolving disagreements Types of dismissal  Fair = sacked for valid reason  Unfair = sacked for no good reason  Wrongful = sacked and statutory notice period ignored  Constructive = employee resigned because work conditions intolerable Employees sacked unlawfully can take their case to an employment tribunal.

2.12 Resolving disagreements Resolving disagreements Parties involved at each stage:  Union/staff representative gives advice and help  ACAS – will help to resolve issue  Employment Tribunal – like an ‘informal court’ to hear claims  Employment Appeal Tribunal – will hear appeals against decisions  European Court of Justice – decision binding upon British government

2.12 Resolving disagreements Good practice by employers Problems minimised and working relationships better if:  Good communications between management and staff  Both can trust each other  Decisions are seen to be ‘fair’  Union or staff reps get involved in disputes at early stage  There is an expert Human Relations manager in the firm who understands legal rights of both parties

2.12 Resolving disagreements Summary  Most disputes solved quickly and informally  Grievance and disciplinary procedures help to protect employees and employers  Access to trade union advice/ACAS can help to resolve difficult disputes  Tribunals available for employees with no other way of solving dispute  European Court of Justice rarely used