If you have a problem at work find out about the different ways, both informal and formal, that you could try to sort things out. Before taking action try to work out what the problem is and make sure it isn't a simple mistake or understanding. Problems with your employer will probably come under one of two categories, grievances or disciplinaries. These are concerns,
problems or complaints that you raise with your employer. For example, concerns you have about: If you believe there is a real problem, explain your concern to your immediate manager to see if you can sort it out informally. You may find it helpful to suggest what you would like them to do to resolve your problem. DisciplinariesYour employer might have concerns about your conduct, your absence from work or the way you are doing your job. If they raise these concerns informally with you or as part of a performance review, it is generally best to try to agree a solution then. Or these issues could lead to disciplinary action, including dismissal in more serious cases. Where to get helpIf you have tried to sort the problem informally, you should seek advice before taking matters further. The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment issues. If you are a trade union member, you can contact your trade union representative for advice and support on employment issues.
Advice NI offers free and impartial advice. Making a grievance complaint or starting disciplinary actionIf the informal approach with your employer has not worked, you could consider raising the matter with your employer as a grievance.
Equally your employer might start a disciplinary procedure which could lead to disciplinary action and potentially dismissal in more serious cases.
The Code of Practice on disciplinary and grievance procedures sets out the principles you and your employer should follow to achieve a reasonable standard of behaviour when trying to resolve grievance and disciplinary cases.
Third party help to sort out problems at workIf you and your employer can't solve the problem yourselves, it could help to bring in someone from outside your work area to help reach an agreement. This could be through:
Agreeing a solution with your employerYou and your employer may be able to agree on a way to resolve the problem. If so, you may simply wish to record in writing what you have each agreed to do and when you will do it. However, you or your employer may want the outcome to include a legally binding agreement. This is an agreement to give up your right to make or continue a tribunal claim about the issues involved. You will only be able to do this through one of the following agreements:
Remember resolving your problem in the workplace will save you significant time and stress and help to maintain good working relations. Arbitration Tribunals and Civil CourtsIf you cannot resolve your problem in the workplace, you may have the right to make a claim to an Industrial Tribunal or Fair Employment Tribunal. Before doing so, you should consider seeking advice from the Labour Relations Agency (LRA) or other advisory service. They may be able to give you advice on the nature of your claim and the possible outcome, and will also be able to explain the early conciliation and Industrial Tribunal or Fair Employment Tribunal process. They may also suggest that you and your employer agree to use the LRA’s statutory arbitration scheme, which is a voluntary alternative to an Industrial Tribunal or Fair Employment Tribunal.
A tribunal is like a court that deals with employment rights disputes. County Courts also deal with some employment-related issues, like breaches of contract. If you are considering making a claim to a tribunal, bear in mind that it can be stressful. There may also be some costs involved.
What do you call the process in which an impartial third party helps those involved in a dispute reach an agreement?The role of the mediator is rather to assist the parties in reaching their own decision on a settlement of the dispute. There are two main ways in which mediators assist parties in reaching their own decision, which correspond to two types or models of mediation practiced throughout the world.
What is it called when an impartial third party helps to resolve a conflict?Mediation
The goal of mediation is for a neutral third party to help disputants come to a consensus on their own. Rather than imposing a solution, a professional mediator works with the conflicting sides to explore the interests underlying their positions.
What involves an impartial third party?Like mediation, arbitration utilizes a neutral third party, called the Arbitrator, to resolve the conflict between the parties outside of a courtroom. However, unlike mediation, the Arbitrator serves as a private judge to listen to the evidence and make rulings to determine the outcome of the dispute.
Is the process used when the firm hires a third party to make a final and binding decision in a situation?Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.
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