Periodically a case comes along to remind us that underneath all good dismissal practice, Acas guidance and the rest is The Law, and that The Law is sometimes less rigid in its requirements of a fair dismissal than all that guidance might suggest. Moore -v- Phoenix Product Development Limited is today’s such case, an everyday … Continue Reading
As nearly the last of our answers to queries raised at our Handling Grievances Webinar last month, here are two very important questions about how far HR can or should act as a neutral in the resolution of an employee grievance. 10. Can you train an HR person to be a qualified mediator rather than … Continue Reading
I love this next question from our webinar last month. It goes right to the heart of what a grievance is about – obtaining redress where due – and raises some very interesting issues as to the extent of the employee’s own obligations to help in that process. 8. If someone refuses a mediation to … Continue Reading
I spoke at a commercial webinar yesterday concerning the opportunities for and obstacles to mediation as a solution to workplace disputes in the pandemic. Other speakers represented employers and the mediation community. Here are some takeaways:… Continue Reading
In the first two posts in this series, I looked at the law around workplace attitudes which might stem from some form of disability. But what if your employee is fit and well in all respects bar being exceptionally painful to work with?… Continue Reading
Not often that we make reference in this blog to other organisations’ events, but here is one which is definitely worth talking about, and not just because we are part of it.… Continue Reading
If you try to mediate a workplace clash, then the hardest part is often to get the parties to focus on the future of that relationship, not the recent past leading to its breakdown. For so long as one or both find themselves unable to let go of that past, there will be obvious difficulties … Continue Reading
On 15 May we posted a piece on a case about the importance of context on workplace discussions which might otherwise sail close to being discriminatory. As if by magic, Acas has now issued some new Guidance which includes comment on the same point: “Religion or Belief Discrimination – Key points for the Workplace”.… Continue Reading
When I wrote my recent piece on the role of mediation in sexual harassment allegations https://www.employmentlawworldview.com/can-you-mediate-sexual-harassment-complaints-should-you/, I had no idea that Parliament was in the throes of debate about the exact same question.… Continue Reading
At the end of my post on Maternity Action’s report on unfair redundancies, I mentioned a number of the reasons why many recent mothers do not raise complaints about their perceived treatment at the hands of their employer. These included a fear of creating bad feeling with their employer or colleagues, a lack of information, … Continue Reading
As sexual harassment in high places is attracting a lot of coverage in the Press this week, here is a new thought. What if, instead of pillorying the accuser and exposing the victim to the trauma of formal grievance or Employment Tribunal proceedings, you could find a solution where victims regarded their honour as satisfied … Continue Reading
Here we are, September already. How did that happen? Only two certainties lay ahead – first, that there will be Christmas stuff in the shops by the end of the month and second, that the abolition of Tribunal fees will be turning many employees thoughts to claims they might not have made before. By all … Continue Reading
Akinwunmi – v – Brighton and Sussex University Hospitals NHS Trust is the perfect example of when employment law reaches the limits of its usefulness in HR practice. For a fuller description of the facts, see Chris Lynn’s blog. For our purposes, however, Dr Akinwunmi fell out with five of his neurosurgeon colleagues over alleged … Continue Reading
I have recently been asked if resolving workplace disputes by mediation is still viable if one of the parties is suffering from mental health issues. The quick answer is that it makes use of that process even more desirable, but this being Mental Health Week, let’s take a closer look. The first point to make … Continue Reading
In support of a good cause, here is a blatant plug on behalf of the Workplace and Employment sub-group of the Civil Mediation Counsel. We are big fans of mediation in the employment context (see our Insider’s Guide Series). As a result, we are delighted to have been invited to speak again by the CMC … Continue Reading
If we assume that your asking an employee and his manager to try to mediate a falling-out between them is a reasonable management request, what rights do you have as employer if one of them refuses? This came up at the 1st February Civil Mediation Council seminar on introducing mediation as a proactive part of … Continue Reading
For those who missed it last time, here is another chance to sign-up for the 1st February conference of the Civil Mediation Council from 3pm at Lloyds of London. This conference is aimed at HR and legal practitioners considering the introduction of mediation as a proactive part of dispute resolution in their workplace, but who … Continue Reading
Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences. It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly and unthreatening as your favourite puppy. In fact, there are a … Continue Reading
So said Queen Elizabeth I in a very early glimpse into English Civil Court proceedings. Should we therefore be heartened by a possible sign of things to come in the modern employment world, thanks to Lord Justice Briggs earlier this week? Addressing the Chartered Institute of Arbitrators on 26 September, Briggs LJ told of his … Continue Reading
“Sticks and stones may break my bones but names will never hurt me” goes the childhood rhyme. Really? Let’s not kid ourselves. Words are powerful and can hurt just as much as the childhood alternative of a wrist-burn behind the bike sheds. But bullying is not just an issue in the playground. It is also … Continue Reading
New Acas guidance on handling discrimination allegations in the workplace has been issued this week. This is particularly interesting because of the degree of prominence which it gives to informal resolutions of discrimination complaints in place of the often process-driven guidance which Acas has issued in the past. Seeking an informal resolution of a discrimination … Continue Reading
On April 29, the US Supreme Court held unanimously that courts may review the Equal Employment Opportunity Commission’s (EEOC) efforts to informally resolve disputes between employers and employees. The EEOC, which is charged with policing compliance with employment discrimination laws, is required by statute to first try informal mediation methods to resolve disputes between employers … Continue Reading
Some thorny issues for employers arise from the reported settlement last week of a sexual discrimination and harassment claim brought against Goldman Sachs by Sonia Pereiro-Mendez. This case hit the news not because of the nature of her allegations (big City house treats pregnant woman as suddenly of much less value – all relatively usual … Continue Reading
Last week I read a good post by US mediator Jan Schau about the power of a genuine apology in a mediation. She said, quite rightly, that an apology which is not perceived as genuine can do more harm than good. Anybody who has listened to the pre-recorded message of “regret” for yet another delayed … Continue Reading
