Workplace and Employment

Workplace and Employment 2018-02-22T19:19:01+00:00

What is the difference between workplace and employment?

Workplace cases usually involve parties who are currently working at and/or intend to stay working at the organisation involved. These disputes are usually as a result of one or more parties being unhappy with working conditions, interactions with other staff members/departments, or if there has been a communication breakdown.

Examples of workplace cases include:

  • Clash of personalities
  • Working practices
  • Leadership/management issues
  • Inadequate resources
  • Inter-departmental conflicts
  • Conflicting perceptions of performance
  • Allegations of discrimination, or unfair or unequal treatment;
  • Allegations of bullying or harassment;
  • A severe breakdown in communication
  • Change of processes
  • Change of management

Advantages of workplace mediation:

  • Provides opportunity for communication
  • Preserved reputation
  • Less time consuming than grievance or disciplinary procedures
  • Less disruption to the business
  • Increased productivity
  • Improved working relationships
  • Helps to identify opportunities for improvement
  • Both parties have a say in the outcome
  • Helps preserve morale
  • Better staff retention

Employment cases are where someone has left or intends to leave the organisation as a result of a circumstance which could end up in an employment tribunal.

Types of cases include:

  • Discrimination
  • Harassment, bullying and victimisation
  • Unfair and wrongful dismissal
  • Senior executive exits and board level disputes
  • Remuneration, performance-related pay and bonuses
  • Restructuring

Advantages of employment mediation:

  • Cost – much cheaper than going to an employment tribunal
  • Time – much quicker than going to an employment tribunal
  • Confidential – Keeps the dispute between the parties which can help businesses preserve their reputation
  • Both parties in control of the process and the outcome – both parties decide on the solution putting them in complete control
  • Tailor-made outcome – more detail can go into agreements, e.g. a stipulation for a good reference to be provided
  • Less stressful – due to it’s much shorter time frame than the litigation process, mediation is a lot more straightforward allowing people to focus on the future
  • Less formal – some people may be daunted by the prospect of going to court. Mediation takes place in a much more relaxed environment

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