Most Employment Tribunals can be avoided!
During the recent annual ACAS conference Pete Colby, founder of Pragmatism, questioned the government’s plan to tackle the backlog in employment tribunals by hiring more judges. His argument is that we are focusing on the symptom and not the cause.
Issues faced by Tribunals
Colby held that most employment tribunals should not happen at all, comparing the solution to a factory with a waste problem investing in more bins, eventually leading to running out of space and money. His solution is to solve issues before they escalate and reach the Tribunal.
He argues that the upcoming Employment Rights Bill, whilst strengthening employee protections, could increase the number of claims unless organisations shift how they deal with workplace issues. The solution Colby suggests is giving managers and HR teams the tools and the confidence to resolve disputes informally and early. Colby states that it lies with leadership, managers are afraid of litigation so they “throw their issues over the fence to HR.” HR teams have been trained to escalate the issues formally as this is what they have been trained to do.
The real cost of conflict
While tribunal cases are often measured in legal fees or compensation, Colby is concerned with the cost to humans. He estimates that for every case, at least 4 people experience prolonged stress. Despite some employees expecting to win £250,000 as they have read examples of such awards in the press, many employees simply want justice, to be treated fairly and to move on.
Mediation over litigation
Colby believes a better use of public funds would be to invest in mediation. Trained workplace mediators bring about incredible resolution rates. Despite judicial mediation being offered by the employment tribunals, professional workplace meditation would seek to solve issues and prevent the need to escalate to the employment tribunals. Not only will this reduce the burden on the tribunals but also relieve the stress and pressure experienced by employees during the tribunal process.
A shift in mindset
Ultimately, Colby envisages a cultural change will be beneficial. He believes that the UK’s working environment is fixed in a conflict-based mindset. HR professionals are taught to follow processes over adequate resolution and organisations default to formal routes. A change will see benefits by way of lower costs, improved wellbeing, fewer legal battles, and more productive, engaged teams.
How can we help?
At Lawson West we have an experienced team of Employment lawyers with practice dealing with judicial mediation with a proven and successful track record, achieving great results for clients which would not have been achievable in litigation. We recognise that whilst litigation is an option, it remains one of last resort. We are pragmatic and aware of the challenges of litigation such as time, stress, risk, and cost. We can provide assistance and advice to deliver the desired aim.
If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.
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