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 http://www.acas.org.uk/media/pdf/i/t/Discrimination-what-to-do-if-it-happens.pdf. 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 … 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
This is the concluding piece in our series by Caroline-Sheridan. Not all mediations settle. The Employment Tribunal mediation system boasts a success rate of 70%, while CEDR’s experience is that of about 85% of its employment mediations result in an agreement. Those who do not settle can go off to fight another day, and best … Continue Reading
This is the penultimate instalment in our look into employment mediations by Caroline-Sheridan. As a mediator I am often asked, sometimes in the mediation itself, what negotiating stance a party should adopt in order to get the best deal out of the process. This is dangerous territory for a mediator. It goes without saying that … Continue Reading
In this post Caroline-Sheridan looks at some of the techniques mediators use to close the gap between the parties. In the previous piece in this series I discussed the transition from exploration to bargaining in an employment mediation, the move from the preliminary skirmishing to the full-blown negotiation process. But surely the parties could do … Continue Reading
A glimpse into the Insult Zone, courtesy of CEDR mediator Caroline Sheridan. At some point the parties will have got as far as they are going by exploration of common emotional ground and objectives and will want, in fact need, to begin to move into the harder bargaining phase. Even in the protective cocoon of … Continue Reading
This is the next instalment in our series on employment mediations written for us by Caroline Sheridan. At the end of the joint session (see previous post in this series) the mediator will move the parties on to the Exploration Phase, talking separately to each party. I will normally visit first the one who showed … Continue Reading
This is the next in our re-run of a series of posts on employment mediations written for us by http://www.cedr.com/about_us/people/?p=Caroline-Sheridan. At the start of mediation the mediator will almost always take a quick run through the ground rules already covered in this series – that the parties are responsible for the outcome, that the mediator … Continue Reading
This is the next in our re-run of a series of posts on employment mediations written for us by http://www.cedr.com/about_us/people/?p=Caroline-Sheridan. Sometimes the parties to a mediation are asked to provide the mediator in advance with a “position paper”. This is a document of a few pages (as a rough rule of thumb, the equivalent of … Continue Reading
