Employment Disputes & Claims for Employers
Minimising conflict in the workplace is a worthwhile aim—it reduces disruption and helps your staff remain focused on their roles. However, some workplace conflict is inevitable, so knowing how to deal with disputes when they arise—and how to defend employment claims—is essential.
How can we help with employment disputes in your workplace?
If your employee has a complaint, it is important that they can raise this and know how to do so. If you would like a grievance policy to be drafted, reviewed or updated, we can assist.
It is advisable to encourage informal workplace resolution where possible, and this should be stated clearly in your written grievance policy. There are ways to make it easier for employees to raise concerns, for example: an anonymous comments box, regular informal 1:1 meetings between managers and staff, an “open door” policy with your HR lead, and a named point of contact with clearly identified contact details. If you would like practical ideas to encourage good communication and early reporting—so issues are dealt with promptly before they escalate—please contact us.
Following your business’s grievance policy and ensuring compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will reduce potential liability, as failure to follow the ACAS Code can increase an employee’s compensation in a successful Employment Tribunal claim by up to 25%. Our experts can guide you on your employment dispute from an early stage, draft the relevant letters to be sent to employees during the process, and help reduce—or even eliminate—your business’s liability. Resolving workplace grievances early can represent significant cost and time savings in the longer term.
What if a workplace dispute remains unresolved?
If you do not find in the employee’s favour after investigating their grievance, you should offer the employee the right to appeal and make clear that the appeal decision will be independent of the first decision and treated as final. We can draft the documentation and advise on how the appeal meeting should be carried out.
While employees will generally submit a grievance whilst still employed and before giving notice, they may resign and then raise a grievance during their notice period or after leaving. Particularly if the employee has resigned within the last three months, it is wise to investigate and treat the grievance as if raised by a current employee.
If an employee resigns threatening to bring claims—and you would rather attempt to settle—or if you do not believe agreement will be reached before completing the grievance, you may consider offering a settlement agreement. We are experienced in drafting favourable terms for employers (including restating post-termination restrictions) and in negotiating packages to limit cost and time spent resolving complaints and claims.
If settlement is not reached and your employee pursues an Employment Tribunal claim, we represent employers throughout ACAS Early Conciliation, draft and lodge ET3 Responses, and can represent you in the Tribunal if required.
Whether you are currently dealing with an employee grievance, have completed the process and are considering a settlement package, or need help defending an employment claim, we can advise and support you.
Go back to: Employment Advice for Employers
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