Employment disputes at work arise from time-to-time. When an employment dispute first materialises if it is handled quickly, pragmatically and appropriately, often a solution can be found which meets the satisfaction and needs of both the employer and employee. Often using an external expert, who has experience of dealing with such issues and fully understands the legal position, allows a degree of trust to be restored between the parties; an essential ingredient for any chance of a successful resolution.
An external and experienced HR consultant can often identify practical solutions and engender a climate of greater understanding and empathy of both sides’ position, which is an essential component if a successful resolution is to be found.
The importance of timeliness can not be over exaggerated in getting the parties to agree a solution which is acceptable to both sides. If an employment dispute is not dealt with correctly at an early stage, this can mean the issue festers with both sides becoming gradually, but inevitably more intransigent and less tolerant.
If the dispute does escalate to an employment tribunal, the actions of all parties at all stages of dispute will be scrutinised by the judge hearing the case. Therefore getting expert advice at an early stage can be critical to protect the legal position.
Resolving employment disputes – open discussions
One option, if agreement can not be reached is to hold an ‘open discussion’. ‘Open discussions’ are a statutory mechanism for resolving disputes in specific circumstances, which either party could invoke. However there are significant risks of litigation if this course is taken inappropriately. HR First is able to advise and facilitate ‘open discussions’ with the objective of reaching an agreement in the interests of all the parties involved.
If agreement of the dispute is reached, it may be advisable in the interests of both parties that a legally binding written agreement is put in place. If the employer wants the assurance that the employee is prevented from progressing the matter to an employment tribunal then a settlement agreement may need to be drafted. The employer will need to pay for the employee to receive independent legal advice on the terms of the settlement agreement. At HR First we can provide advice and draft settlement agreements.
If agreement is not reached and the matter is progressed to an employment tribunal, HR First does offer an Employment Tribunal Representation Service.