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Alternative Dispute Resolution for Employment Disputes
Employment disputes can be stressful and lengthy, no matter what the reason behind them is. They can be the result of dismissal, discrimination, and a range of other factors. In most cases, employees will want the dispute to be resolved easily and without a long, drawn-out process.
Many times, the employee in question will require legal support and advice during this difficult time. Here, we examine the common types of employment disputes, how to talk to your employer before seeking legal advice, what alternate dispute resolution (ADR) is, and how this can be beneficial in reaching an agreement. We also look at when you may need to go to Tribunal, and how Giambrone can help. Read on to find out more about this sometimes difficult and sensitive topic.
Click on a link to that section:
Find out more about the different types of employment disputes that commonly occur.
Read our tips on talking to your employer about a dispute.
Find out more about alternative dispute resolution and your options.
Read the key benefits of using alternative dispute resolution to resolve an employment dispute.
Find out when you may need to go to a Tribunal.
We address common queries on resolving employment disputes through ADR.
What are the common types of employment disputes?
There are a variety of employment disputes that you may find yourself in as an employee. These may include unfair dismissal - when you feel that your employer has let you go from your position without reasonable grounds to do so, perhaps because of a personal issue.
You may also face discrimination at work due to a protected characteristic such as your sex, gender, age, marriage status, race, religion, pregnancy, or disability. This could be, but is not always, linked to workplace bullying or harassment, where you are being singled out by other employees or your employer.
You could also find that you are the centre of a dispute revolving around maternity or paternity rights, where your employer is refusing to honour the expected rights associated with this.
Other common types of employment disputes include breach of contract, when either you or your employer have acted against the terms of your contract, or if you have been engaged in whistleblowing. This is when you report ethical issues within your company to the relevant authorities and can result in problems with your employer if they become aware of this.
Talk to your employer before getting legal advice
Whatever the reason for your employment dispute, it is important to try and resolve these issues with your employer before progressing to alternative dispute resolution or litigation. This can be the quickest and easiest way to solve issues without creating an uncomfortable environment. It could also mean you can stay in your job rather than leaving.
Before meeting with your employer, gathering relevant letters or notes of meetings and phone conversations pertaining to your issue can be helpful. For example, if you feel that you have been dismissed unfairly, you should find relevant notes that may be useful for proving your point.
You may also want to find transcripts or notes made about telephone conversations, email trails, your employment contract, or letters that have been sent to you by your employer and vice versa.
If, however, you are unable to resolve the issue through open communication, you should begin to look for legal advice or alternative dispute resolution. Giambrone is highly skilled in providing advice regarding employment disputes and can support you from your first contact through to raising a claim and attempting to negotiate a settlement. Our fully qualified and experienced team can help you without the need to go all the way to a Tribunal.
Have you been unable to resolve a dispute with your employer?Contact us here for guidance, or read more about how we can help you.
What is alternative dispute resolution (ADR), and when can it be appropriate for employment disputes?
ADR may be an appropriate option for an employment dispute as it is an excellent way to discuss your issues calmly and without a costly legal battle. You may wish to remain employed with the company, and in this case, mediation could be a great way to discuss things with your employer.
In mediation, you can talk the situation through with your employer in the presence of a mediator, who can help to keep the discussion calm and balanced with less conflict, allowing both sides to share their views with clarity. The settlement you come to in mediation will be made by you and your employer, not the mediator, and it will not be legally binding.
Find out more about the benefits of mediation here.
On the other hand, arbitration is generally used if a situation is more heated or more legal advice is required. During the arbitration, both sides will be able to discuss their own points of view; however, the arbitrator will come to a decision with you which is binding.
Are you interested in trying arbitration? Find out more here.
What are the key benefits of alternative dispute resolution?
ADR is a highly beneficial way of coming to conciliation in an employment dispute. It is a cost-effective solution, as both mediation and arbitration are less expensive than going to a Tribunal. It is also much faster than going to the Tribunal and generally is less stressful and confrontational for an employee.
This means that you may be able to come to a conclusion without further damaging your relationship with your employer.
Find out more about our alternative dispute resolution team here.
When is going to a Tribunal necessary, and what should you expect?
If the dispute is not solved via ADR, you may need to progress to a Tribunal. In some cases, such as whistleblowing or other legally serious matters, you may need to go straight to a Tribunal.
Tribunals are generally less formal than a typical court case, but both sides will be required to give evidence and the employment judge will make the final, legally binding decision.
Do you need assistance in dealing with an employment dispute?
Giambrone can help with a range of employment issues. We have a strong track record of cases involving the employment Tribunal, covering difficult issues such as discrimination, whistleblowing, harassment, breach of contract, unfair dismissal and more.
Get in touch with Giambrone to discuss your needs.
Frequently asked questions
What are some examples of alternative dispute resolution?
ADR refers to mediation, arbitration, conciliation and adjudication. In some cases, you may also go to an ombudsman.
What types of disputes can be settled by arbitration?
Many different kinds of disputes can be settled by arbitration, but this is especially common in property, financial, commercial, and employment disputes.
What are the pros and cons of alternative dispute resolution?
The pros of ADR are that it is flexible, less stressful, less costly, is faster, and allows you to cooperate and discuss things calmly. However, it can become confrontational, there is no guarantee of a resolution, and the conclusion may not be legally binding depending on the method you choose, making it perhaps too flexible for some.
What are the disadvantages of alternative dispute resolution?
Alternative dispute resolution can sometimes mean that you do not reach a resolution, there are limits on the decisions an arbitrator can make, and it cannot be used in every situation.
Do your lawyers need to be involved if you go for mediation?
It is not necessary for lawyers to be involved in mediation in some cases.
What are the advantages of mediation?
Mediation can be calmer, allow you to discuss your issues with a neutral party to help with clarity, and it is cheaper and faster than legal proceedings. It also does not result in a legally binding decision, giving more flexibility.
How long does it take to set up the mediation process?
Once you have contacted a mediator, you should be able to set up your session within a couple of weeks.
What is the procedure in mediation?
In mediation, both parties will state their issues, with the mediator working to help you hear each other out. They will then lead you to a conclusion that is beneficial to both parties - however, it will be up to you to carry this out.
How does mediation work in employment disputes?
Mediation works in employment disputes by having both parties state their position. The mediator will control the discussion and may have you retire to different areas to discuss things with each of you. You will then be able to negotiate and reach an agreement.
Related content
What to do if you’ve been unfairly dismissed