Steps to Take When Facing an Employment Dispute

Employment disputes are common and can arise for various reasons, including low pay, long working hours, unsafe work environments, or discrimination based on factors like religion, ethnicity, or other personal characteristics. If you’re facing a workplace dispute, this step-by-step guide will help you understand how to handle it under UK employment law.

1. Identify the Issue

The first step is to identify the root cause of the dispute. Gather all relevant information about the situation: how the conflict started, who is involved, and whether your employment contract or company policies provide any guidance on resolving the issue. Understanding the core problem is essential for determining the best approach to resolve it.

Key questions to consider:

– What caused the dispute?

– Is the issue related to wages, working hours, or harassment?

– Does UK employment law provide any guidance on your issue?

– Was your reaction, or the response from the other party, justified?

2. Review Company Policies and Employment Contract

Your company’s policies and your employment contract are vital tools for resolving workplace conflicts. Company policies typically outline what is considered acceptable behaviour, such as prohibiting discrimination and harassment. The employment contract will clarify your rights and responsibilities, including details on pay, hours, and workplace conduct.

Key questions to consider:

– What are the terms of your employment, such as wages, hours, and job duties?

– Does your employer have a grievance policy or procedures for resolving disputes?

– Does the dispute involve disciplinary action? If so, how do company policies address this?

3. Keep Detailed Records

Proper documentation is essential, especially if the dispute escalates to a legal process or employment tribunal. Keep records of all communications related to the issue, including emails, phone calls, messages, and official letters. This evidence can support your case if the dispute is not resolved informally or through the grievance process.

Key questions to consider:

– Do you have a colleague who can act as a witness for your case?

– Have you documented all key communications and relevant events?

– Can company policies and your employment contract support your position?

Read Also: Skilled Worker Visa Maternity Leave and Pregnancy Guidance

4. Attempt to Resolve the Dispute Informally

Many workplace disputes can be resolved informally without escalating the issue to a disciplinary committee or legal action. It’s often helpful to approach HR or your manager to discuss the matter. Keep the conversation focused on finding a solution, rather than escalating the conflict. This can help clarify misunderstandings and maintain positive relationships.

Key tips:

– Approach the issue with a solution-focused mindset.

– Try to understand the other person’s perspective while clearly explaining yours.

– In many cases, a calm and open conversation can resolve the issue without further action.

5. Follow the Company’s Grievance Process

If the issue cannot be resolved informally, follow your company’s formal grievance procedure. UK law requires employers to have a clear process in place for handling complaints, and most organisations have a step-by-step procedure to address formal grievances. This process should give you the opportunity to raise your complaint and have it addressed in writing.

6. Seek External Advisory or Mediation Services

If your internal grievance procedure doesn’t resolve the issue, consider seeking external help. The Advisory, Conciliation, and Arbitration Service (ACAS) offers free, impartial advice and mediation services for resolving workplace disputes. ACAS can help you reach a settlement before you have to take the issue to an employment tribunal.

7. Take the Issue to an Employment Tribunal

If all other attempts to resolve the dispute fail, you may need to take the matter to an Employment Tribunal. Employment Tribunals handle disputes related to unfair dismissal, workplace harassment, discrimination, and other workplace rights. Before submitting a claim, you must contact ACAS to see if the dispute can be resolved through early conciliation. If this is unsuccessful, you can proceed with filing a claim to the tribunal.

In Summary

Employment disputes can be stressful, but knowing your rights and following a clear process can help you navigate the situation effectively. Start by understanding the issue, reviewing company policies, and keeping detailed records. If informal resolution doesn’t work, follow your company’s grievance process and seek external advice. If necessary, you can take your claim to an Employment Tribunal.

For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].

Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.