Subject: New workplace conflict resolution process April 6 2009

From April 6 2009 the government is changing the way we deal with problems at work.

Key features:
• Less emphasis on the procedure of how to manage disciplinary issues, grievances and dismissals
• More flexibility to resolve problems at an early stage in a way that suits the organisation best

The aim is that by encouraging better and more direct workplace communication will reduce the chances of problems going to an employment tribunal, saving time and money for all concern.

What’s new?

• A free Acas early reconciliation service, available through the Acas helpline to help resolve difficult problems
• A revised Acas code of practice on disciplinary and grievance procedures which explains what is fair and reasonable behaviour when dealing with problems at work
• A revised non- statutory guide that provides more information on handling discipline and grievance solutions in the workplace
• A joint leaflet by the CIPD, BERR and ACAS to inform employers about the changes to dealing with workplace disputes.
• From 6 April Acas’ previous statutory duty to provide conciliation in circumstances that could become the subject of employment tribunal proceedings will become a discretionary power.

What to do next…

If you haven’t already before the new Employment Act becomes law you should:
• Review your disciplinary and grievance procedure to ensure that they are compatible with the new law and ensure that it is updated in your staff handbook
• Identify where a more informal approach to dealing with problems at work may be appropriately used in your procedure
• Consider including a mediation stage in your internal process
• Communicate the new changes to all staff including management

Important: remember that the three stage statutory procedure must still be followed in disciplinary or grievances started before 6 April 2009.

Recommendations

I believe that the key issue when it comes to handling disputes from my experience is lack of early intervention by managers. You can have your policies up to date and procedures in place, however you need to train your managers on how to deal with problems at an early stage to stop the dispute from escalating where possible.

The best way to do this is to equip your managers with confidence through training to dispel the fear of discipline and handling difficult situations.

At Hr4charities we run a series of HR seminars. In April we are running a seminar on Grievance and Disciplinary focusing on what employers should do when dealing with discipline and grievance issues. We also provide in-house training tailored to the managers concerned about managing grievance and disciplinary issues such as poor performance, harassment, discrimination, bullying and victimisation etc.

Furthermore, we are also running a seminar on implementing HR policies and procedures. These seminars are free for charities.

For more details visit www.hr4charities.co.uk

More information
Acas website – for new code download
BERR – for information and transitional arrangements of old law

This information is offered in good faith and without liability. I would recommend that if you are in management you familiarise yourself with the new process and seek advice where necessary.

I hope this is useful any questions about your policies etc do let me know. I am also interested to know what changes organisations have made so do let me know if you don't mind.

Thanks

Anita