What to Do When Faced with Unfair Dismissal Accusations During the Redundancy Process
Dealing with an employee’s claim of unfair dismissal amidst a redundancy process is a scenario I’ve encountered in my in-house HR manager days as well as in my HR consultancy practice. It’s a question that arises frequently with my clients. Despite meticulous preparation, thorough business cases, and adherence to fair processes, employees might assert, “This isn’t right, it’s an unfair dismissal.”
In my experience, in about 8 out of 10 cases, what they truly mean is, “This just feels unfair.” They’re grappling with the emotional weight of the situation, feeling disillusioned about a decision that seemingly contradicts their hard work and the positive rapport they shared with their employer. Rarely does it signify a belief in genuine unfair dismissal.
So, if faced with this accusation, consider the following five tips:
Clarify the Current Stage: Remind the employee that until a final decision is reached, no dismissal has occurred. This can help them engage more effectively in the consultation process.
Don’t panic: Remember, to successfully defend against a claim of unfair dismissal, employers need to demonstrate a fair reason (like redundancy, which is one of the five fair reasons for dismissal) and that they followed a fair process. If you know you are doing that, you’re fine.
Educate About the Process: Start by explaining the purpose of each meeting, the overall process, and what both parties can expect. Providing an internal FAQ document or referring to ACAS guidance can be immensely beneficial for their understanding.
Seek Outside Perspective: If you’re uncertain about any aspect, seeking advice, especially from an external source, can be invaluable. It’s an extra layer of assurance that you’re proceeding correctly. I offer a complimentary 30-minute consultation for new clients so you’re always welcome to book in call with me to chat things through.
Embrace the Appeal Process: If the employee raises the accusation post-dismissal, remember, the right to appeal is pivotal. It provides an opportunity for a thorough review and a chance to rectify any missteps. Engaging a neutral third party, like an independent HR consultant, for the appeal is highly advisable.
If you’re feeling uncertain or need support with your redundancy process, please don’t hesitate to reach out. Contact me at sarah@maydayhr.com or schedule a call at your convenience.
Breaking Down Barriers: Embracing Mediation for Effective Conflict Resolution
As a workplace mediator, I have countless conversations with managers and in-house HR teams who confide in me about the conflicts they are facing. Despite offering to resolve these conflicts in just one day, I often find that something holds them back from engaging my services. In this blog post, I explore the potential barriers that prevent HR teams from embracing mediation and highlight the transformative benefits of this constructive conflict resolution tool.
Lack of Awareness: One of the primary reasons HR teams might hesitate to use mediation is a lack of awareness about its benefits. The mediation process offers a safe and confidential space for parties to express their concerns and work towards mutually agreeable solutions. By educating HR teams about the positive outcomes mediation can achieve, we can help them make more informed choices when resolving workplace conflicts rather than just reaching for that trusty old Grievance policy.
Internal Resource Constraints: In-house HR teams often juggle multiple responsibilities, and conflict resolution may not be their sole focus. Limited time and resources might lead them to prioritize other tasks, inadvertently delaying the resolution of conflicts. However, understanding that early intervention can prevent issues from escalating will help HR teams recognize the value of engaging a mediator promptly. If you let things fester, things will invariably get worse, leading to lost productivity, low morale and even sickness absence.
Misconceptions about Mediation: Misunderstandings about mediation can also hinder its adoption. Some may believe that mediation is only suitable for severe conflicts or that it might exacerbate the situation. It’s crucial to debunk these myths and showcase how mediation fosters open communication and facilitates mutually beneficial resolutions. Mediation has a 95%+ success rate.
Attempting Informal Resolution: While informal approaches like counselling or direct discussions can be useful for minor issues, they may not suffice for more complex conflicts. HR teams may initially opt for these methods, hoping the problem will resolve itself, or even worse, line managers go for the “knock their heads together” tactic that seldom works. However, acknowledging when a conflict requires professional mediation can lead to more successful outcomes.
Fear of Escalation: Involving an external mediator may trigger concerns about escalating the conflict or making it appear more serious than it is. HR teams might hesitate to involve outsiders in internal matters. However, experienced mediators are skilled at creating a neutral environment and guiding parties towards constructive dialogue.
Internal Power Dynamics: Conflicts involving senior management or executives may create power imbalances that affect the mediation process. HR teams may worry about navigating such complexities, but addressing power dynamics is an essential part of a mediator’s role, leading to fair and equitable resolutions.
Previous Unsuccessful Experiences: Past unsuccessful attempts at mediation might make HR teams skeptical about its effectiveness. However, every conflict is unique, and the success of mediation depends on various factors, including the mediator’s expertise and the parties’ willingness to engage constructively.
Uncertainty About Mediator Selection: Selecting the right mediator can be daunting for HR teams, as different conflicts may require different approaches. Providing guidance on choosing a skilled mediator who aligns with the organization’s needs can alleviate this uncertainty.
In conclusion, as a workplace mediator, I believe that addressing these potential barriers is essential for promoting effective conflict resolution. By raising awareness, dispelling misconceptions, and demonstrating the transformative benefits of mediation, I can empower in-house HR teams to embrace this valuable tool. Early intervention, open communication, and skilled mediation can foster a positive and harmonious work environment, ultimately leading to greater organizational success. At Mayday HR, I am determined to break down the barriers and create a workplace culture that values constructive conflict resolution.
I am always keen to chat to people informally to explore if mediation is right for them. If you would like to book in a call, contact me on sarah@maydayhr.com or use the Get in Touch button.
Are workplace grievances taking up all your time? Do you find that workplace grievances actually damage working relationships more than fix them? Do you wish there was a better way to resolve conflict at work?
There is another way!
Ask any HR person, and they will tell you that they do everything they can to avoid an employee raising a grievance. It’s because they know that there are usually no winners in a grievance process and it doesn’t get to the root cause of the conflict.
Here are some reasons why grievances are so bad for us:
They can be time-consuming and costly for both the employee and the employer. The process of investigating and resolving a grievance can take weeks or even months, during which time the employee may be unable to work and the employer may have to divert resources away from other tasks.
Grievances can create an adversarial atmosphere in the workplace, which can be damaging to employee morale and productivity. Employees may become disengaged and less committed to their work if they feel that their employer is not treating them fairly.
Grievances can damage relationships between employees and employers. The process of a grievance can lead to feelings of mistrust and resentment, making it more difficult for the parties to work together effectively in the future.
Grievances can be a distraction from more important business issues. Employers may become so focused on resolving a grievance that they lose sight of more important matters that need their attention.
A grievance process may not necessarily lead to the best outcome for the parties involved. The decision made by the person responsible for grievance process may be perceived as unfair or biased, leading to further dissatisfaction and dissatisfaction.
Ultimately it is someone else making the decision or attempting to solve the problem. It isn’t treating employees like adults, and empowering them to make their own decisions.
But there is another way. Something that can be so transformational – mediation.
Here are some reasons why mediation can be so much better:
Mediation is often quicker and less expensive than a grievance process. A mediation session can be scheduled and completed within a few days or weeks whereas a grievance can take several months to resolve.
Mediation is less formal than a grievance process and allows for more open and flexible discussions. This can lead to more creative solutions that are tailored to the specific needs of the parties.
Meditation can help to preserve relationships between parties. The process is designed to be collaborative, rather than adversarial, which can help to reduce tensions and build trust between the parties.
Mediation allows the parties to have control over the outcome. They can craft a solution that works for them, rather than having a decision imposed on them by a third party.
Mediation can beu sed early on in the dispute resolution process, before the issues become more entrenched and difficult to resolve.
Mediation allows the parties to have a confidential and private discussion, which can be beneficial for sensitive or delicate matters.
If I have managed to convince you that meditation is the key to resolving conflict and saving you a lot of time, money and grief, please get in contact for a free, no obligation call to discuss your needs further. If you would like some support, I’d love to help you – email me on sarah@maydayhr.com
The government has published its response to last year’s consultation on updating flexible working laws.
If you follow me on Linkedin, you will know that flexible working is something I bang on about a lot. Flexible working can make a world of difference to employees’ motivation and work life balance, and make work more accessible to all, particularly people with disabilities or caring responsibilities. However, according to CIPD research, 46% of employees still say they do not have flexible working arrangements in their current role.
The government’s report will herald some changes; however some savvy (AKA brilliant) employers will already be making flexible working the norm.
What’s changing?
The report highlights that there is still some legislation to be passed to make the recommendations law, however in a nutshell, here are the main changes:
The right to request flexible working will become a day 1 right!! Woop Woop – thank you to the CIPD for all they did with the Flex From 1st campaign. Currently the right only kicks in after 26 weeks service. Please remember however, this is the right to request, not the right to have.
Employees will have the right to make two flexible working requests within a 12-month period. Currently they only have one request per year.
The decision time will be 2 months rather than 3. Quite why it takes three months to make a decision is beyond me, so shortening this is welcome.
There is likely to be a new duty to discuss alternatives to the request. This means that if the employer is intending to decline the request, they should go back to the table and discuss alternatives. I always advise employers to do this anyway and it is much more helpful to discuss other alternatives at the time to be able to help make a decision. Surely it’s far better to come to a compromise rather than an outright no?
Why getting ahead of the changes will be a benefit to you as an employer
The competitive edge over other employers. Be the ones shouting about offering flexible working. Not everyone has caught up yet, so get in their first and pip them to the post – be the one that all the good talent comes to for a new job!
Attracting from a wider talent pool. There are loads of fabulous people out there, who are being excluded from the job market because of lack of flexibility, or who need some small adjustments to be able to do their job well. Being flexible means you have more candidates to choose from, plus you will likely close your gender pay gap, and that can only be a good thing
Complying with statutory requirements is the law anyway, so if you make it second nature, it will make things a lot easier. If you don’t follow the flexible working guidance you will risk a tribunal claim, and we all want to avoid one of those!
You will fall into the savvy and brilliant employer camp, and I will sing your praises from the rooftops.
What can you do to get ahead?
Well in the main, most savvy (AKA brilliant) employers won’t need to do very much as they will already be doing more than the statutory requirement.
When the legislation comes in, you will need to update your Flexible Working Request policy, however in the meantime, here are some suggestions:
Make flexible working your default position. Talk about it at the recruitment stage and make sure that you are being flexible and accommodating to hire the best talent, without putting blockers in the way. Be open to job shares, part time working, varying start and finish times (does half an hour either side of 9am make that much difference?) and seriously consider if some of the job could be done from home (trust me, hybrid/remote working is the future whether you like it or not). As the right will be a day 1 right, you want to try and avoid offering someone a job, then on their first day, they put in a formal flexible working request. Get it sorted beforehand so you can all get on with the job.
Encourage an open culture where employees can come and talk to you about making a request. Most of the time, if you are flexible and accommodating, you can have a chat and make the change without a formal process. Then no one needs to keep track of how many requests someone made in a year.
Speed up your decision-making processes – if something takes you three months to decide upon, what on earth are you doing? It should definitely be the exception not the norm, and in that time, that very good employee has probably been looking for jobs elsewhere because they got fed up with waiting.
If you would like help with your flexible working policy or implementing something new, I’d love to help you – email me on sarah@maydayhr.com
If you are already one of those employers who is a step ahead when it comes to flexible working, let me know! I’d love to hear how it works for you (and sing your praises too).
