The aim of mediation in the workplace is to restore and maintain the working relationship if at all possible.
Mediation is a voluntary and confidential form of alternative dispute resolution. It involves an independent, impartial third party helping two or more individuals or groups to reach a solution that works and is acceptable for everyone.
The focus is therefore on finding a way to work together going forward, not dwelling on what has happened in the past and who is to blame.
Resolutions made by way of mediation are not legally binding and there won’t be a judgment enforced on the parties. The benefit of mediation is that it allows the parties to agree much more creative ways of settling their dispute. Instead of being bound by legal principles and the main remedy in the courts of financial compensation, with the assistance of a mediator, the parties can reach a resolution that they are happy with, which might include an apology, training, a structured payment or renegotiation of a contract.
Furthermore, where a grievance has arisen in the workplace, the use of an impartial third party mediator to try to resolve the issues is recommended in the ACAS Code of Practice, and therefore taking part in mediation can help you to show that you have complied with the Code if you need to in any subsequent claim.
At Banner Jones, we are more than happy to be able to refer our clients to specially trained mediators who are experts at resolving disputes that arise in the workplace.
If you have an employment problem, often it is something else for consideration within your case, so it is always worth contacting an employment law solicitor and finding out for certain.
At Banner Jones we can advise you on your legal rights regarding employment law, where they relate to the following:
- Disciplinary and Grievance matters
- Unfair Dismissal
- Redundancy Advice
- Discrimination in the Workplace
- Bullying and Harassment
- Ill health and Disability matters
- Family Friendly Rights
- Contracts of Employment and Policies
- Restrictive Covenants
- Employment Tribunals
- Settlement (Compromise) Agreements
- Protected settlement Discussions
- Trade Union Representation
- Funding your Employment Law Case
Expert Employment Law Solicitors
Our expert employment law solicitors are highly experienced and will treat each case uniquely depending on your circumstances. Our employment law specialists achieve solutions through confidential settlements and are always on hand to provide support when resolving employment law problems. We have worked on many employment law cases and each individual receives the upmost care and consideration throughout the case.
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I recently used Katie Ash for an employment settlement agreement. I found her to be very knowledgeable, friendly and she explained points clearly, and used understandable language.
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Frequently Asked Questions
You need to be able to justify if you are asking for certain levels of experience. Advertising for a bus driver who is safe and has had previous experience is one thing advertising for a bus driver with 10 years’ experience is another. The first option leaves your job advert open for all ages to apply. The second rules out individuals who may be in their early twenties.
Other points to consider when recruiting new employees:
- Ensure whoever is interviewing potential employee’s scores interviewees on their skills and competencies as opposed to their age.
- Although they are not discriminatory themselves consider removing any reference to age on your job application forms.
- Don’t ask a potential employee for a physical fitness test unless you require them.
Once you have selected an appropriate employee ensure managers and staff are trained to monitor and avoid any discriminatory behaviour. Also make sure it is clear within any policies you have that discrimination in any form is unacceptable. Ensure managers are fully trained in diversity issues and that they are able to deal with discriminatory issues that arise within the workplace.
Yes you need to be aware of these requirements if you employ anyone of any age. They affect every area of employment as well as the recruitment and selection process. The requirements not only make it unlawful to discriminate on the grounds of age but also harassment whether it be intentional or unintentional or to victimise an individual.
You need to worry not only about your own actions but also your fellow employees who must be discouraged from making offensive or unkind comments about age or anything in between.
As with other areas of discrimination if your employee can demonstrate that there has been a difference in treatment which is due to discrimination it is solely down to you the employer to show otherwise or for you to prove that you have done everything in your power to stop such discrimination. There are no limits to discrimination awards and often they include an aspect for suffering, failure to do so can be expensive.
When you are recruiting employees you need to ensure you are not discriminating for or against anyone due to their age. This means you cannot advertise specific age requirements in any of your job adverts unless you can justify them.
In 2011 legislation new legislation was introduced making it unlawful to treat anyone differently due to their age except if it could be justified or falls within one of the exemptions to the law. The retirement age of 65 has now been phased out meaning employers can now only forcibly retire workers if it can be justified.
The Employment Equality (Age) Regulations came into effect in October 2006. The retirement age of 65 was phased out between April 2011 and October 2011.