Employment Law

Since October 2004 when new statutory rules had been put in location for employers and employees to make certain that any disputes that occur in the workplace should firstly be attempted to be resolved internally before going straight into litigation through an employment tribunal. There is normally an overlap as to whether or not dismissal and disciplinary procedures or grievance procedures could apply or both. Regardless of this, an employee’s claim will not be looked into at an employment tribunal if they have not made a statutory grievance to his or her employer when the law has required them to do so.

If there are workplace disputes, conciliation is an successful form of option dispute resolution (ADR) that will avoid litigation at the employment tribunals. Conciliation will take location if you have already made a claim to an Employment Tribunal or you believe that you may well be entitled to make a claim to the Tribunal. In the course of conciliation, an neutral outsider will discuss the problems in relation to the dispute between yourself and your employer, at times separately and sometimes together depending on the individual case, with the hope of coming to a remedy that both parties can accept.

Strikes in employment happen when work is brought to a stop due to the fact of mass refusal by employees to work and it is usually a result of grievances in the workplace. Most strikes arranged by trade unions are predictable and not spontaneous, and generally happen after a contract of employment has expired. However, a lot of strikes are due due to the fact of the attempt to pressure employers to recognise trade unions as well as spontaneous strikes by workers. Nevertheless the strike has occurred, the employers will be motivated to take immediate measures to stop the strikes and mitigate the impact of them or undermine the strikes when they do happen.

Grievances at wll occur, they are mainly concerns, issues or complaints that an employee will have with their employer. There is no legally enforceable process that an employee and employer ought to follow when handling a grievance at work but there are some principles that really should be followed where achievable to mitigate any losses.