Resolving
disagreements
.
2 12
Disagreements between employers and employees
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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
Most organisations have procedures to
resolve disputes, ie:
 Grievance procedures (for an employee with a
problem or complaint)
 Disciplinary procedures (when the employer
has a problem or complaint about an employee)
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 2
More serious offence or ignoring verbal warning = written warning to employee
Stage 3
Serious or repeated offence = final written warning
Summary dismissal – being sacked
without notice for very serious offence.
2.12 Resolving disagreements
Legal reasons for dismissal
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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:
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Union/staff representative gives advice and help
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Employment Appeal Tribunal – will hear appeals
against decisions
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European Court of Justice – decision binding
upon British government
ACAS – will help to resolve issue
Employment Tribunal – like an ‘informal court’ to
hear claims
2.12 Resolving disagreements
Good practice by employers
Problems minimised and working relationships better if:
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Good communications between management
and staff
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Both can trust each other
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There is an expert Human Relations manager in the
firm who understands legal rights of both parties
Decisions are seen to be ‘fair’
Union or staff reps get involved in disputes at
early stage
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
2.12 Resolving disagreements