Dispute Resolution Regulations 2004: The Role of Employment Mediation

Many organisations will benefit from developing their own internal dispute resolution policies to ensure full compliance with the new legislation.

With particular reference to the resolution of workplace grievances, the procedures set out a new three-step statutory grievance procedure:

(i) employee writes to the employer about the grievance
(ii) employer arranges meeting with the employee to seek an informal resolution or to reach a decision
(iii) appealing against the employer’s decision

This may be modified in some limited cases to two steps.

There can be no doubt that the changes and their impact will be felt across organisations large and small throughout England and Wales. Employers have to brace themselves now for the new regime. If an employer has not followed the statutory procedures in a dismissal case, the dismissal will be automatically unfair. In addition, if either side fails to follow the three-step statutory grievance procedure, the Employment Tribunal can make an automatic adjustment of up to 50 % of the final award.

So, what can employment mediation do to help?
Perhaps most significantly, step two of the new statutory regulations sets out a clear requirement for employees and employers to sit down to discuss the grievance. Stage two provides an opportunity for both parties to outline their concerns and attempt to reach an informal resolution. With the help of an independent mediator, it is likely that a number of grievances will be resolved in this way.

If this stage has not happened or has not been entered into in good faith by either side, the impact could be significant and costly!

An independent employment mediator from Total Conflict Management can help both parties reach a resolution at stage two by ensuring that any meetings have clearly defined ground rules, that all parties are able to speak and be heard, that all parties can raise their concerns in an open and honest manner and that ultimately a resolution can be reached that satisfies the needs and expectations of everyone.

Don’t let the new regulations catch you out - act now to ensure that employment disputes are resolved first time, every time!