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