Generally speaking an employer is only required to deal with conflict which occurs inside the workplace. However, what happens when two employees become involved in a conflict outside of working hours? In general, it is advised to keep issues outside the business expressly that; outside the business. However, if these disagreements and differences of opinion escalate into interpersonal conflict, employers are advised to address this immediately. The problem here is that when conflict occurs outside the workplace it can lead to issues arising within the workplace. Conflict can impact productivity, communication, can lead to a negative culture within the organisation and it can have an adverse impact on the long-term working relationship of the disputing parties. Unfortunately, it can also rope in other employees who feel an obligation to ‘take sides’, leading to division in the workplace. Line managers and supervisors play a vital role in monitoring staff and in general may become aware of any conflict between staff or third parties before a grievance is raised or before there is cause for disciplinary action. For example, when they see that banter becomes bickering or when teasing starts to have a hurtful edge. Team meetings and one on one’s with staff are a useful opportunity to question staff regarding any issues you feel may be causing interpersonal conflict. Informal Resolution - Mediation Often these conflicts, if addressed early on, can be addressed informally in line with the company’s informal grievance procedure. The grievance procedure is an integral part of a company’s dispute resolution procedures and it quite often contains an informal method of resolving a dispute. This can be a useful guide to resolving such a conflict and involves meeting with the employees informally on an individual basis to discuss the issues that they are having together. Explain that you have noticed that there is an issue between them and you can also highlight any negative impact this may have had on their work or the company as a whole. Advise that these issues should not be brought into the workplace and that they need to maintain a professional working relationship; remember they are employed to do a job and to do it well and as such the business needs to be their primary focus. Try encouraging them to engage in mediation with each other to resolve the underlying issues. Communication is key; often communication will resolve any differences. Moving forward, if their performance is adversely affected then advise them that it may become a disciplinary issue. Grievance Hearing If the informal approach doesn’t resolve the matter but it is clear that one employee still feels particularly aggrieved then it is advisable to invoke the formal grievance procedure. A failure to investigate an employee’s formal grievance can give rise to a constructive dismissal case (provided the employee has the qualifying service). It could also give rise to liability for discrimination claims particularly, if the employee feels they have been victimized on foot of one of the nine discrimination grounds. The best practice would be to invite the aggrieved employee to a formal meeting to address their concerns, allow the right to be appropriately accompanied, and then investigate the complaint accordingly. Throughout this process it is important to keep a detailed record of minutes and meetings and ultimately issue a formal outcome as to whether or not the grievance is substantiated. Disciplinary Hearing If the employee’s performance is adversely affected and they are not carrying out their duties as required then you may wish to proceed with disciplinary action. Mediation and formal grievance approaches can and really should be attempted in the first instance. However, if this does not resolve the dispute then follow the normal process by investigating the background to the conflict to ascertain if there is a case to answer and if so then formally invite the employee or employees to a Disciplinary Hearing where they would be afforded the opportunity to state their case. During the disciplinary hearing put each allegation to the employee and allow them to respond. Ensure that the minutes are signed and liaise with the Advice Service regarding an appropriate sanction. Organisational Adjustments Could you consider moving one employee to another department to resolve the work issues? Before making this change you may want to consider:
- Would this be a solution for all similar matters where future employees are in dispute?
- Will it resolve the underlying issue?
- How would it affect the business?
- Are there benefits for the organisation as it may increase the productivity?
This should only be considered if it is a viable option within your business and it would need to be handled in such a way as to ensure that the employees do not expect this decision to have been taken lightly. In addition, you might want to consider if you have a job relocation clause before moving an employee who may not wish to be moved. Lastly, be mindful of who you are moving because if one person is asked to relocate but the other is not then the relocated employee may feel that the company has taken sides and this can also lead to an internal HR headache. Front line management can play a vital role in managing conflict and if they witness bickering they should be prepared to step in and speak with the members involved. However, if you are faced with such disputes then please do not hesitate to seek through our 24 Hour Advice Service on 01 855 50 50 and one of our experienced advisors will be happy to assist.
