The infamous actions of P&O have brought employment law very much into the spotlight. P&O has openly admitted knowingly breaking the law. Realistically, they are unlikely to be the only employer who has ever flouted rules and hoped not to get caught. In many cases, however, workplace disputes arise out of ignorance, confusion, and poor communication.
To explain further, Chander Bagga, Principal Solicitor at Valens Solicitors shares his insight into workplace disputes and how you can handle them.
Workplace disputes in the modern world
At a basic level, workplace disputes arise when an employee believes that their employer is breaking the law and the employer fails to address the matter. In some cases, it could be that the employer is deliberately ignoring the law and hoping employees do not know their rights.
These cases are, however, unlikely to make it to an employment tribunal. If an employer knows full well that they are in the wrong, then the intelligent move is to settle out of court. Cases that go before employment tribunals are ones where both parties feel that they are in the right.
Clearly, however, they can’t both be right so at least one has to have misunderstood the law. Furthermore, both parties must be in a place where they have exhausted alternative channels for resolution. This may be because these channels have been tried and failed. It may also be because they did not exist, or the parties were not aware of their existence.
The issue of invisible disputes
Invisible disputes are disputes that are settled informally. This can mean an employee and employer resolving the matter without recourse to formal procedures. It can, however, also mean an employee deciding that the issue is just not worth pursuing formally.
For example, they may believe that any compensation they might get would not be enough to justify the money, time, effort and/or stress involved in raising a formal dispute. In these situations, if an employee stays at a company, their performance will almost inevitably suffer. They are, however, unlikely to stay at the company for any longer than strictly necessary.
The nature of invisible disputes means that it’s hugely difficult to get any meaningful statistics on them. This means that they can pass under the radar, costing employers a lot of money in the process. For example, if an employee has an invisible dispute, this may well lead to them taking more time off sick before they leave and have to be replaced.
Prevention is better than cure
The best way to deal with both formal and invisible disputes is to stop them from happening in the first place. The second-best way to deal with them is to de-escalate and, if possible, resolve them as quickly as possible.
Stopping disputes from happening in the first place largely hinges on a combination of effective, fair processes and transparent, clearly-understandable communication. Making sure that your processes are fair means that people can see why you made a decision.
Understanding the business rationale behind a decision can make it easier to accept, even if you disagree with it. For example, if a candidate understands why a recruitment process follows a certain path, they at least know that it was fair even if they don’t get the job. It will also help you to defend yourself if a complaint is made.
Effective communication means not just explaining to people why something is a certain way but also responding to feedback. Whenever possible, you should incorporate feedback into your processes. When it’s not possible, you should explain, clearly, why it’s not possible. You should also have clear and robust processes for reporting issues and dealing with complaints.
How to handle complaints from employees (and candidates)
No matter how big or small the complaint is, whether it’s formal or informal, all complaints should be treated in much the same way. Where possible, they should usually be raised with line management in the first instance. There does, however, need to be an alternative route for when this is not possible.
Arrange a time to record the complaint
There are times for speaking and times for writing. Generally, the early stages of a complaint are times for speaking (and listening) first and writing second. Let the complainant express themselves fully. Depending on how freely they talk, you may choose to prompt them and/or ask questions. Alternatively, you may keep those for later.
Once you feel you’ve grasped the situation, put it in writing and check that the complainer agrees with it. Never proceed until the complainer has agreed that your written summary is an accurate representation of their complaint. In addition to documenting the complaint, make sure to document any supporting evidence and witnesses. If you’re not sure, document it.
Outline the next steps to the complainer
There are two points you’ll need to communicate to the complainer. These are what you intend to do and when you expect to be able to update them. Depending on the nature of the complaint, you may not know what exactly you need to do. It’s fine to advise the complainer of this so long as you commit to finding out.
Set a realistic deadline for an update, not necessarily a resolution, and commit to it. That update may simply be that you’re still working on it. If it is, then, ideally you want to give as much clarity as possible about what is being done. If that’s not possible, then at least make a clear commitment as to when they can expect a meaningful update or, better still, a resolution.
In general, you’ll want to advise the complainer to refrain from discussing their complaint. This could prejudice the outcome against them.
Investigate the complaint
Again, what this will mean in practice will depend on the complaint. The only guiding rule is to be as thorough as possible. Speak to everyone as many times as necessary until you are sure you have a clear picture of the situation. Document everything thoroughly.
Convey the resolution
This will need to be done in writing. You may also want to have a meeting about it. Keep in mind, however, that complaints regarding other employees will have to be concluded in a way that respects the other employee’s privacy. This means that you may not be able to tell the complainer what specific action was taken, just that the issue was addressed.
Advise any relevant parties of the right to an appeal
If no action was taken, then the complainer may wish to appeal. If action was taken against an employee, then that employee may wish to appeal. An appeal is essentially the equivalent of a complaint and hence should be treated in the same way.
