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.
Employment Law - Katie Ash on Settlement Agreements
Katie Ash explains and answers some questions about settlement agreements.
Brexit: supporting your European employees in the UK & British employees abroad
As the UK prepares for the end of the Brexit transition, new laws will be coming into place from 1st January 2021 which will affect businesses, as well as the people who work in them. But what are the expectations on you as an employer?
Flexible Working Requests- Striking That Balance
As a working parent it can often feel like you overcome one obstacle only to be met with another. The start of the new school year brings with it the challenge of fitting the school run in to an already full working day. The average school day is between 9am until 3pm, give or take 15 minutes either side, which is shorter than the traditional 9-5 working day. Whilst wrap around school care is often available to cover the gap, this is not always a feasible or desired solution.
Health & Wellbeing in The Workplace
Uber drivers entitled to workplace protections
The ‘gig’ economy is characterised by the prevalence of short-term contracts or freelance work, as opposed to permanent jobs. Depending upon your viewpoint, it is either a positive working environment that offers a great deal of flexibility (for example, employment hours in the control of the individual) or it is a form of worker exploitation with very little protection (for example, lack of paid holidays, sickness benefit and so on).
To employ or not to employ?
The Redundancy Survival Guide: What you need to know and do
Being told that your job is at risk of being made redundant is a devastating blow for anyone. Redundancy can have a significant financial impact on you and your family. This guide will give some useful action points that can help you understand your rights when facing redundancy and steps you can take to try and find other employment.
The General Data Protection Regulations
What do you need to know? The General Data Protection Regulations (‘GDPR’) come in to force on the 25th May 2018 and whilst the Regulations are new, the principles and requirements are not. The GDPR is an overhaul of the Data Protection Act 1998 (‘DPA’), and extends to the processing of personal data of all data subjects in the whole of the EU. Brexit will not prevent businesses from needing to comply with the Regulations. In practice for those businesses that have already been complying fully with the DPA, they should not need to undertake much work to ensure that they are compliant with the GDPR, and will at the very least have the basics in place.
Notification of email checks required
A recent ruling by the European Court of Human Rights has provided further specific clarification of companies’ responsibilities in respect of their employee email policies. Katie Ash, Head of Employment Law said, “The ECHR ruling in case of Bogdan Bărbulescu could shape extent to which firms can monitor employees’ private communications”. In essence, the court ruling says that not only must a company policy inform employees that they reserve the right to monitor employee emails, but they must also let employees know when they are doing so.
The impact of Brexit on the UK’s Employment Law
As the Nation waits with baited breath to discover what the Government’s strategy for leaving the EU will be, when it will happen and whether it will be a ‘hard’ or ‘soft’ Brexit, many employers are, unsurprisingly, concerned about what the future of employment law will look like. How quickly will it change, what will their obligations be, and what steps will they need to take to ensure compliance?
Employees negligence can amount to gross misconduct
The Court of Appeal recently ruled that a senior manager’s negligence in failing to ensure that a colleague followed company policy could amount to gross misconduct justifying the manager’s summary dismissal.
Do employers care about their employees financial well-being?
A recent study has found that only one in three employees believes their employer cares about their financial wellness.
Need to Sort out Your Finances?
Around 50% of us make a New Year’s Resolution to 'sort out the finances’ but for most of us it's more of a wish than a firm commitment to take action. Looking at the January appointments we’ve had with wealth management clients here are the topics that we’ve discussed most often. If you’re determined to sort out your finances, these may give you some food for thought.