What to do if a dispute occurs

Are you an employee with a complaint about something that has happened at work?

Or an employer who is dissatisfied with something an employee has done?

If you answered 'yes' to either question, you should read on

If you have a dispute about an employment issue at work, there are several different ways to deal with it. However, since 3rd April 2005 a new law applying to both employers and employees means that in most cases, if the dispute can't be sorted out informally, there are certain formal steps you'll need to follow. If you don't, you could lose out. Read on to find out how the new law fits into the normal process for resolving a workplace dispute.

The first step when the problem arises: informal discussion

If you have a problem at work you should, first of all, talk about it with the manager, colleague, or employee who is most directly concerned. If there is some reason why you can't do this, you might consider telling someone else, say another manager or a union representative, who may be able to help you with the problem. This informal discussion is often the best way of reaching agreement, as it doesn't require any formal steps and is more likely to lead to a solution that suits everyone involved without causing undue worry or stress. The new law doesn't affect discussions of this kind, and you should still try to resolve disputes in this way if at all possible.

Where informal discussion fails: new requirements as of 3rd April 2005

In the past, many employers - quite sensibly - set out formal procedures for themselves and their employees to follow when dealing with disputes at work. These would come into play where an informal word in the ear failed to resolve the problem. Now, however, all employers are required to have formal procedures in place. Since 3rd April 2005, they must have - at least - a minimum set of procedrues for disciplining (or in the worst cases dismissing) employees. They also must have procedures to let their employees complain about a problem at work (known as a grievance). These procedures must be used, as a minimum, in most cases where informal discussion has failed. They involve putting the problem in writing, holding a meeting to discuss it and, if necessary, holding an appeal meeting where agreement hasn't been reached. As an employer, you need to inform your employees about these procedures. For more information on the procedures and when you need to use them, consult·the Publications area. The Labour Relations Agency Code of Practice on Disciplinary and Grievance Procedures gives detailed advice on how to make the most of these procedures.

Help from the Labour Relations Agency

A very useful approach for many people facing a dispute is to take their problem to the conciliation service offered by the Labour Relations Agency (LRA) . The conciliation process involves a third party who is an independent and qualified conciliation officer employed by the Agency. The conciliator's role is to assist the employer and the employee in understanding their rights and to reach an acceptable solution to their difficulties. Many cases are resolved to both parties' satisfaction with the help of the LRA.

Taking your case to a tribunal

In many situations, any one of the above or a combination of them will resolve the dispute. Where cases are not resolved in this way, it is possible to seek a legal decision from an industrial tribunal or the Fair Employment Tribunal . Tribunals hear evidence and make decisions upon a case in much the same way as a court, though they tend to be less formal.

Guidance and publicity

Detailed guidance on the minimum workplace procedures for resolving disputes is available for employees, employers and employment law specialists, and can be downloaded from our Library.

Public consultation which has taken place on the new law

Public consultations during autumn 2001 and spring 2003 proposed a number of reforms later introduced by the Employment (Northern Ireland) Order 2003 (explained here ). Schedule 1 to the Order set out the statutory minimum procedures themselves; the circumstances in which they must be followed were specified in Dispute Resolution Regulations , a draft of which was consulted upon by the Department between February and April 2004. The Department published its response to the consultation on 27 July 2004, and a finalised version of the Regulations came into operation on 3rd April 2005.