In 2008, following the publication of the Gibbons Review of Employment Dispute Resolution in Great Britain, the UK Government repealed the legislation requiring UK employers to have a minimum grievance and dismissal procedure in place.
The revised ACAS code came into effect in April 2009. The ACAS code suggests principles that should be followed when dealing with grievance and disciplinary issues:
Employers and employees should always seek to resolve disciplinary and grievance issues in the workplace. Where this is not possible, employers and employees should consider using an independent third party to help resolve the problem.– ACAS code suggests
Whilst it is vital that employers follow the minimum standards set out in the ACAS code, it must be acknowledged that, for many employees, taking out a grievance is still a daunting and often distressing experience.
Behavioural, relationship and contractual issues are dealt with by organisations using the same grievance procedure. They use a one size fits all approach to dispute resolution. The reliance on a single grievance procedure to resolve all of the intricate, diverse and complex issues that a modern, progressive organisation faces is both unrealistic and untenable.
In addition, the very term “grievance” is unhelpful as it conjures up connotations such as grief, blame, hostility, stress, betrayal, loss of control and sanction. Grievance procedures are predominantly concerned with the rights, rather than the interests, of the parties.
It is now time for a radical rethink of dispute resolution within our organisations.
“Resolution runs through our business like Blackpool runs through rock.”
The TCM Model Resolution Policy replaces your existing grievance procedure. It offers a collaborative system of dispute resolution which balances the rights of the parties with their interests and their needs. In doing so, it brings the core principles of mediation to the forefront of dispute resolution and encourages constructive resolution at every stage of a dispute.
The TCM Model Resolution Policy draws on five core principles:
Advantages of adopting The TCM Model Resolution Policy
One of the key advantages of the TCM Model Resolution Policy is that your organisation becomes conflict resilient. It develops a constructive system for dispute resolution which is integrated into the values, the culture, the processes and the behaviours of the organisation. HR professionals, line managers and employee representatives should be encouraged to be conflict competent. They should be trained to spot, prevent and resolve conflicts through a mix of dialogue building, coaching and mediation.
Certain situations may require investigation or other formal action, such as contractual matters; allegations of criminal or serious misconduct; situations where public policy, procedural or legal issues arise; or where the welfare of individuals is threatened. These are catered for within The TCM Model Resolution Policy.
Promoting and encouraging positive relationships and constructive dialogue. It’s about leaders and managers walking the talk.