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Dealing with disputes between employees

Dealing with disputes between employeesA workplace brings together different personalities and with that inevitably comes conflict. Unfortunately, conflict in the workplace often means that there are allegations of victimisation, harassment and bullying. Ironically, bullying itself is not contrary to the law but harassment is covered by the Equality Act 2010 if it relates to any of the protected characteristics:

  • age
  • sex
  • disability
  • gender (including gender reassignment)
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sexual orientation

Any of which leaves the employer open to a claim by the employee.

As an employer you are also vicariously liable for employees whilst acting “in the course of their duty”. Case law has proved that creating. or allowing a situation of conflict, to arise/remain will cement the employer’s liability. So as a manager what can/should you do?

(1) Recognise the signs of conflict

Sometimes the signs of conflict are obvious:

  • heated exchanges
  • meetings where two employees automatically take the opposite view
  • employees deliberately “goading” another

However, sometimes it is not so obvious. ACAS recommends that the signs you look out for include:

  • decreased motivation
  • decreased productivity
  • changes in behaviour and “personality”
  • increased absences

As a manager you need to be sensitive to what’s going on and this means the ability to watch and listen so that you can act quickly and without pre-judging the situation.

(2) Face the conflict now

Most of us prefer not to get involved in conflict but as a manager this isn’t an option. Normal human reactions, which are unlikely to be successful, are as follows:

Flight

Fight

Freeze

Instead, face the conflict

(3) What is causing the conflict?

Find out what the cause of the conflict is. ACAS recognises the following as being common causes of conflict:

  • personality “clash”
  • increased workload – do employees feel they are being pushed too hard?
  • change, which can make people feel vulnerable
  • differences in values
  • past unresolved issues – is there something historic that has never been resolved?

(4)  Manage the conflict

Ideally, you should already have a dispute resolution system in place and if you don’t, now is the ideal time to introduce one. You don’t need a complicated policy but a straightforward process to tackle the issue in a way which ACAS recommends should include:

  • an informal chat
  • a formal investigation
  • using your existing grievance procedure to try to resolve the situation

It is vital that the employees are involved and engaged to facilitate sharing.

Don’t forget to record your steps in case the situation deteriorates.

(5) Recognise when you need help

If you are concerned that things are getting out of hand or you feel that need help – ask for it. This is a sign of a capable manager who recognises and understands their limitations.

(6) What can you do to prevent future conflict?

Learn from what has happened and ascertain whether you can do anything to prevent a similar situation arising in the future:

  • work to continually increase quality of communication
  • maintain a workplace of tolerance and respect
  • develop a method for employees to air their grievances
  • decide whether you need to develop any new skills – for example, listening skills
  • help employees balance work and life – for example, could flexible working help?
  • work with employees to build and strengthen trust

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