According to Acas research carried out in 2021, around ten million UK employees experience conflict at work, at a cost of £28.5billion a year to UK businesses, the equivalent of £1,000 for each employee in work today across the UK.
There is also hard evidence that workplace disputes impact employee morale, motivation and productivity and lead to an increase in absence and staff turnover due to stress, anxiety, presenteeism and burnout.
The day began with presentations from speakers involved in current and soon to be published Acas research and those working with UK businesses to embed early and effective dispute resolution. Following the presentations a rich roundtable discussion took place between representatives from Acas, including the new Director of Dispute Resolution, mediators, employment lawyers, academics, the judiciary, Prospect union and a representative from the British Chamber of Commerce.
All in the room were given the opportunity to ‘wave a magic wand’ and say what change they would like to see. Ideas included:
• Automatic referral to mediation in employment tribunals;
• Judicial orders in tribunals for the parties to mediate;
• Reprise of the educational role of tribunals;
• Change to the statutory uplift that can be awarded at Tribunal for failure to comply with the Acas Code;
• Change to the Acas Code of Conduct to build in a ‘pause’ to look at early resolution rather than rushing to disciplinary and grievance processes;
• Alternatively, guidance to accompany the Code to encourage early resolution to be adopted;
• CMC creation and dissemination of a model Conflict Resolution Policy for businesses;
• HR training to include more on conflict resolution skills;
• Improved conflict management training for managers;
• Boards having a regular item on conflict management;
• Better story-telling and comms around the value of early resolution of disputes to encourage behaviour change;
• Review of the language we use to inspire individuals and businesses to access early resolution; and
• The importance of communicating the benefits of early resolution both in terms of personal interest and return on investment.
All agreed that creating psychological safety for both managers and employees in a post covid world with many experiencing hybrid and asynchronous working was a key factor that gave a greater imperative to the early resolution of dispute. Further, with upcoming legislative change under the Employment Rights Bill, time is ripe for change, especially where Day One rights will increase the number of workplace disputes that could be adjudicated by an employment tribunal and add to tribunal backlogs.
