How to Handle Workplace Disputes Legally and Effectively
16th April 2025
Workplace disputes are an inevitable part of working life. As an employer, handling them effectively and legally is crucial for a harmonious work environment and compliance with employment laws. Whether conflicts arise from misunderstandings, differences in opinion, or serious issues like discrimination or harassment, established procedures and legal frameworks guide you through the resolution process.
Sarah Everton, Head of Employment Law at Myers & Co, explores the best practices that employers can adopt to manage workplace disputes effectively and in accordance with the law.
Understanding the Legal Framework
The UK has a robust legal framework designed to address workplace disputes. Key legislation includes:
- Employment Rights Act 1996: This act outlines basic employment rights, including protection from unfair dismissal and the right to be accompanied to disciplinary hearings.
- Equality Act 2010: This act prohibits discrimination on various grounds, including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
- Advisory, Conciliation and Arbitration Service (Acas) Code of Practice: While not legally binding, this code provides practical guidance on handling disciplinary and grievance procedures.
Early Resolution: The First Line of Defence
As an employer, your addressing conflicts at the earliest stage is crucial to prevent escalation and maintain a positive work environment. It’s vital to consider early resolution methods; they include:
- Informal Discussion: Encouraging open communication between parties involved can often resolve misunderstandings before they escalate. This involves discussing the issue directly with the concerned parties to find a mutually agreeable solution.
- Mediation: A neutral third party can facilitate dialogue and help parties reach a mutually agreeable solution. Mediation is particularly effective for interpersonal conflicts and can be arranged through services like Acas.
Formal Grievance Procedures
When informal methods prove insufficient, formal grievance procedures provide a more structured approach to address unresolved issues. Employees have the right to raise a formal grievance, which should be handled in accordance with the Acas Code of Practice. This involves:
- Submitting a Grievance: The employee formally submits their grievance in writing, detailing the issue and desired outcome.
- Grievance Meeting: The employer arranges a meeting to discuss the grievance, allowing the employee to present their case.
- Investigation: The employer conducts a thorough investigation to gather facts and evidence related to the grievance.
- Outcome: The employer provides a written response outlining the findings and any actions to be taken.
- Right to Appeal: Employees have the right to appeal against the grievance outcome.
Disciplinary Procedures
As an employer, you have the right to address misconduct or poor performance through disciplinary procedures. These procedures must be fair and transparent, adhering to the Acas Code of Practice and relevant legislation. Steps include:
- Informal Warning: Initially, the employer may issue an informal warning to address minor issues.
- Formal Disciplinary Action: For more serious or repeated issues, formal disciplinary action may be taken, including written warnings, suspension, or dismissal.
- Right to Appeal: Employees have the right to appeal against disciplinary actions, which should be heard by an impartial party.
Employment Tribunals: Seeking Legal Redress
If internal dispute resolution mechanisms fail, parties can escalate the matter to an employment tribunal. This independent judicial body hears and rules on employment disputes, ensuring compliance with UK labour law
Types of claims handled by employment tribunals include:
- Unfair Dismissal: Claims that an employee was dismissed without fair reason or due process.
- Discrimination: Claims of unfair treatment based on protected characteristics.
- Equal Pay: Claims that an employee is not receiving equal pay for equal work.
- Whistleblowing: Claims that an employee faced retaliation for reporting wrongdoing.
Strict time limits apply for submitting claims to an employment tribunal. For instance, generally unfair dismissal claims must be brought within three months of the effective date of termination.
How Can Myers & Co Help?
Handling workplace disputes legally and effectively requires a clear understanding of the legal framework and a commitment to fair and transparent processes. Myers & Co specialises in employment law and offers comprehensive services to assist employers and employees in navigating complex workplace issues.
For further information, please contact Sarah Everton Head of Employment on 01782 491025 or email sarah.everton@myerssolicitors.co.uk. Myers & Co has offices in Stoke-on-Trent, Staffordshire.
