Dealing with Problems at Work

Dealing with problems at work promptly and in the correct manner is the most effective way to reduce the risk of legal complaints and claims, and to support positive workforce morale and relations.

 

Section A: Handling Employee Concerns

 

When an employee raises a concern, employers should respond quickly and with sensitivity to prevent the issue from escalating into a formal grievance. The initial response should be supportive, acknowledging the concern and reassuring the employee that it will be investigated thoroughly.

 

1. Investigations

 

Workplace investigations must be conducted thoroughly and impartially. All relevant information and evidence should be gathered promptly, while maintaining confidentiality. Documenting each step of the investigation is essential for transparency and accountability.

 

2. Sharing Findings

 

After the investigation has concluded, the employer should communicate the findings to the employee and discuss any proposed actions to resolve the issue. If changes in workplace policies or procedures are necessary, they should be implemented promptly, and all relevant staff should be informed. Follow-up meetings can help ensure the issue has been satisfactorily resolved.

 

Section B: Workplace Mediation

 

Mediation can be an effective tool for resolving conflicts and disputes in the workplace. Employers should establish clear guidelines for when and how mediation can be used, ensuring it is accessible to all employees.

Confidentiality is key in mediation, and employers must ensure that all discussions and agreements remain private, fostering open and honest communication.

 

1. Initiating Mediation

 

Employers should provide clear information on the relevant mediation processes and how employees can request mediation. Mediation should be considered as an early intervention in conflicts to prevent escalation. Participation should be voluntary, with employees encouraged but not coerced into the process.

 

2. Selecting a Mediator

 

The mediator’s role is to facilitate constructive dialogue between the parties to reach a mutually acceptable resolution. A mediator should be an impartial, trained professional, either from within the organisation or an external expert. They should not be involved in any way in the dispute itself.

 

3. Follow-Up

 

After mediation, employers should check in with the parties involved to ensure the agreement is being implemented and remains effective, providing ongoing support as needed.

 

Section C: Discrimination and Bullying

 

Discrimination and bullying are serious issues that can harm employee wellbeing and workplace culture. Employers are legally required under the Equality Act 2010 to prevent such behaviour and to maintain a fair and respectful work environment for all employees.

 

1. Anti-Discrimination Policies

 

Employers must implement clear policies against unlawful discrimination and bullying, making sure all employees understand the types of behaviours that are unacceptable and the consequences of engaging in them.

 

2. Training

 

Regular training should be delivered to educate employees about discrimination, bullying and the importance of maintaining a respectful workplace, to help foster an inclusive culture and ensure everyone understands their rights and responsibilities.

 

3. Reporting and Investigations

 

Employers should establish a straightforward process for reporting incidents of discrimination and bullying. All complaints should be taken seriously and investigated promptly and impartially, with confidentiality maintained throughout.

 

Section D: Disciplinary and Grievance Procedures

 

Clear disciplinary and grievance procedures are essential for handling workplace issues fairly and consistently. These procedures should, as a minimum, align with the guidelines set out by the Advisory, Conciliation, and Arbitration Service (ACAS) Code of Practice.

 

1. Disciplinary Procedures

 

Employers should define in writing the expected standards of conduct and performance for employees, typically within the staff handbook or disciplinary policy.

When these standards are not met, a structured disciplinary process should be followed, including a formal investigation, a disciplinary hearing, and the right to appeal. The process must be fair, impartial, and documented, ensuring employees can respond to any allegations.

 

2. Grievance Procedures

 

Employees should have a clear process for raising concerns or complaints about workplace issues. The grievance procedure should include steps for submitting a grievance, an investigation, and a formal meeting to discuss the issue. Employers must address grievances promptly, maintain confidentiality, and provide a right to appeal if the outcome is unsatisfactory.

 

Section E: Dismissals

 

Employers must follow strict legal procedures when dismissing an employee to ensure fairness and compliance with employment laws.

 

1. Fair Dismissal

 

A dismissal can be lawful if it is based on one of five potentially fair reasons, which include capability or qualifications, conduct, redundancy, statutory duty or restriction, or another substantial reason.

Employers must provide evidence to support these grounds and follow a fair process, including a proper investigation, documentation, and a disciplinary hearing where the employee can present their case.

 

2. Unfair Dismissal

 

Unfair dismissal is when an employer fails to follow a fair procedure when dismissing someone, for example, if the reason for dismissal is not considered fair. Employees with at least two years of continuous service can claim unfair dismissal and may take their case to an employment tribunal.

 

3. Notice Periods

 

Employers must provide the appropriate notice period as specified in the employment contract or adhere to statutory minimum notice periods if not specified in the contract, ensuring employees have adequate time to find new employment.

 

4. Constructive Dismissal

 

Constructive dismissal is when an employee resigns due to the employer’s conduct, which has fundamentally breached the employment contract. Employers should address workplace issues promptly to avoid constructive dismissal claims.

 

5. Wrongful Dismissal

 

Wrongful dismissal refers to when an employer breaches the terms of an employee’s contract during the termination process, such as failing to provide the required notice period or not following the contractual procedures.

 

Section F: Whistleblowing

 

Whistleblowing involves reporting wrongdoing or illegal activities within an organisation. Whistleblowers are legally protected from dismissal or other negative treatment related to their disclosure, provided they qualify for protection as a whistleblower.

 

1. Whistleblowing Policy

 

Employers should have an effective whistleblowing policy in place that outlines the procedures for reporting concerns, ensuring employees know how to raise issues confidentially and safely, and providing guidance on how the organisation should handle such complaints in a lawful and consistent manner.

 

2. Protecting Whistleblowers

 

Employers must protect whistleblowers from any form of retaliation, including dismissal, demotion, or harassment. Ensuring confidentiality and taking immediate action to investigate reported concerns are crucial steps.

 

3. Investigating Reports

 

Employers should promptly investigate whistleblowing reports and take appropriate corrective actions if necessary. Transparent communication about the process and outcomes helps maintain trust.

 

Section G: Employment Tribunal Claims

 

If efforts to resolve a problem with an employer are unsuccessful, employees may consider making a claim to an employment tribunal. This formal legal process involves presenting the case to an independent tribunal, which will hear both sides and make a binding decision. Employers should seek early legal advice to devise a defence strategy and gather all relevant evidence to challenge any such claim.

 

Section H: Tailored Support for Your Organisation

 

Our employment law and HR experts provide tailored support to employers, helping them manage workplace issues, develop effective policies, and implement best practices to create a positive work environment. Employers can benefit from our expertise in ensuring compliance, addressing specific challenges and enhancing overall workplace wellbeing and productivity.