When you are an employer and you are in a dispute with an employee (or former employee), the employee may state that they intend to take you to an employment tribunal to seek compensation. Employment tribunals can be costly (even if you win, as defending yourself takes time and money), emotionally draining, and as the results are published online then they can also be bad from a reputational perspective.
Internal procedures (such as appeals and grievance) provide a great opportunity to resolve matters before then. But when this doesn’t work, what are some of the other options? Here are 3 potential routes to resolution:
- Mediation
Mediation is a confidential process which offers a flexible option to work through difficulties. Usually, mediation is most suitable when an employee is still employed, and can often be used as an alternative to, or following, a formal grievance process.
- Early Conciliation
Early conciliation is a negotiation process within which both sides will try to seek an agreement, supported by an ACAS Conciliator. If successful, the employee/former employee will agree to waive their right to bring a claim, in exchange for something from the employee.
- Settlement Agreement
A settlement agreement is a legally binding agreement that can be formed between an employer and an employee or former employee. Within the agreement, the employee will waive their right to pursue a claim in exchange for a financial sum.
ViewHR can provide you with support to identify which, if any, of these options may be most appropriate in a particular situation and guide you through the processes and negotiations. We are also able to offer mediation and can draft and review documents as appropriate for early conciliation and settlement. Please get in touch with a member of the ViewHR team today for an initial discussion.
Gemma Murphy, Director of View HR Limited.
hr@viewhr.co.uk | 01425 205390 | www.viewhr.co.uk
This article is featured in the October issue of the Dorset Business Focus magazine. Read on the online version here.