There is many a case that has come through the Employment Tribunal that started out as a workplace grievance, in one form or another. Grievances can range from small frustrations, through to the most serious acts of discrimination. While cases will always turn on their individual facts, one regular thread of commonality between all matters is the way in which grievances are handled. Improper handling of a grievance leaves the parties feeling wronged and frustrated and can result in matters escalating. This culminates in a hotly contested Employment Tribunal claim where the Employer spends tens of thousands of pounds in defending a claim from an Employee who has, understandably, had enough and has the sole desire of having their day in court, regardless of the outcome. The result is often a pyrrhic victory for those involved. If the Employer wins, their name is clear, but they have spent significant sums in defending themselves. If the Employee wins, they often have high legal fees to pay out of any monetary award they achieve. All parties are spiritually exhausted, and the Employment Tribunal moves on to hear the next case.
Many of these cases can be resolved early and satisfactorily by talking, specifically via workplace mediation.
What is workplace mediation?
Workplace mediation is a voluntary, confidential and flexible means of resolving a dispute where the parties have a significantly greater control over the outcome.
In essence, it is a without prejudice (off the record) conversation, or series of conversation, if needed, where the parties work through their differences with the help of a workplace mediator. The mediator’s role is to facilitate conversation and the settlement of the dispute at hand. There are a range of ways in which this can be done, but in essence the parties will meet, either in person, or virtually, discuss their issues with the mediator, set out what they are looking to achieve and then the mediator acts as a go between in the first instance between the parties. As the matter progresses, the parties look to see if they can reach an agreement and meet together to resolve the issue.
This type of facilitative mediation is particularly effective in the workplace as it allows the parties to set out how they feel in an entirely confidential manner without fear of reprisal.
When to use workplace mediation?
There is no wrong time to use mediation, it is a tool to help de-escalate and resolve disputes as they arise. Workplace disputes often take place over a long period of time and as they progress, they naturally increase the anxiety and stress of the affected individual. If it goes on for too long without meaningful resolution, the matter can easily grown, and become a claim in the Employment Tribunal. With that in mind, the sooner mediation is offered and takes place the better.
How does workplace mediation work?
Workplace mediation can take place in person or online. The process may vary from case to case but in essence, the mediator will meet with each party separate, working with each of them to understand their perspective and then as the day progresses, steadily work towards facilitating a resolution.
How can Moore Barlow help?
Moore Barlow’s employment law department is tier 1 ranked team in the Legal 500 and Cathal McCabe, a Senior Associate within the department, is an accredited workplace mediator. Cathal brings his years of experience as an Employment law expert and court room advocate to help facilitate work place disputes in a friendly and facilitative manner. Understanding the importance of letting parties be heard, Cathal aims to guide the parties through the dispute in way that allows the parties to get to the heart of their grievance, and try to resolve it in a practical and functional manner.
If you would be interested in instructing Cathal as a mediator please reach out through his email address cathal.mccabe@moorebarlow.com
