AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE.
This expression means that it is better to try to avoid problems in the first place, rather than trying to fix them once they arise.
However, disputes that arise within working environments, often cannot be avoided, due to the fact that human relations and interaction may provoke unjustified or insensitive personal opinions, prejudice, and discrimination and for many individuals, the inability to manage people effectively without displaying bullying or a draconian approach to compliance and regulatory procedures.
LINK 2 ADVOCATES, will provide an Accredited Business Associate, with a professional appreciation of the civil litigation process, that aids the proficiency to think laterally without making assumptions in order to gain a resolution with regard to employment disputes.
The significance of mediation when applied to an employment dispute between an employee and employer is that it may prove more cost effective to discuss the issues under a controlled environment with an impartial mediator, in order to gain a resolution to the issues that are under review.
LINK 2 ADVOCATES, provides a, Dispute Resolution Service, which may start with a review of internal grievance or disciplinary procedures, that may require further investigation and inquiry from an accredited professional who is totally impartial with regard to the dispute and the parties’ involved in the dispute.
Mediation is a process that attempts to resolve employment matters before litigation between the parties are pleaded before a Judge.
The role of the mediator is to increase the possibility of a resolution by assisting the parties in achieving a resolution that is accepted by both sides.
Settlement with regard to the issues that have been reviewed, would be subject to the parties’ agreement, and would remain confidential.
The termination of an employee’s contract of employment can have a detrimental impact upon them, especially when the person who directs the dismissal is totally ignorant of procedures or has a personal issue with the employee that adversely tainted a fair process that should have been applied to an extremely sensitive matter.
The employer may get off lightly if the employee realizes that to continue to work within, what they consider to be an unprofessional environment, or to be working in close proximity with an individual or colleagues they totally dislike, is more of a detriment than the actual dismissal itself.
Therefore an abrupt exit from such an environment, may not result in litigation against the former employer, as the employee will come to terms with the realisation that they did not themselves fully want to work for such an employer and would do much better elsewhere.
It is often the case that the termination of an employee’s employment contract may not at first glance appear to be illegal, but badly handled. If the employee wants to make an issue of how the dismissal was handled then such issues would need to be addressed accordingly.
Employers may feel that discrimination and/or harassment complaints are unjustified in such circumstances and that they are “wrongly accused.” They often come into mediation with the attitude that the allegations made against them are misconceived if not vexatious.
The mediation process allows the employer to understand the issues and to hopefully see the dispute in an appreciation of the needs of the business and to actively seek a resolution to the issues under review.
The Advisory, Conciliation and Arbitration Service (ACAS), is a Crown non-departmental public body of the Government of the United Kingdom. The organisation has provided a Code of Practice with regard to the function of settlement agreements that came into force as from 29 July 2013.
Settlement agreements have replaced compromise agreements and involve discussion between parties’ that relate to pre-termination negotiations. The discussions between parties’ will be, ‘Protected,’ therefore the employee would not be allowed to refer to the discussions if the dispute progresses to an employment tribunal.
Pre–termination negotiations will not be protected where the employee pursues a claim of ‘automatically unfair’ dismissal or for claim with significant linkage to discrimination, harassment, victimisation or breach of contract.
If it is found that the employer is guilty of “improper behaviour” such as directing undue pressure upon the employee negotiations and offers will not be protected. The non-exhaustive list of improper behaviours, is set out in the ACAS Code of Practice.
LINK 2 ADVOCATES, will assist the employer by treating all conversations that take place between parties as being, unprotected and ensuring that in negotiations the employer wouldn’t state anything that would not be stated openly in an employment tribunal.
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