Workplace disputes can arise for many different reasons. They are often more common than employees realise.

In some situations, an employer may start a performance management process. This usually involves raising concerns about an employee’s performance and giving them an opportunity to improve. Employers may offer support, training and time to address the issues.

Disputes can arise where an employee disagrees with the assessment of their performance. In some cases, employees believe they are being treated differently from colleagues in similar roles.

Workplace disputes can also arise when an employer tries to change an employee’s terms and conditions, such as pay, working hours, or responsibilities, and the employee does not agree to those changes.

When Employees Feel They Are Being Treated Unfairly

In other cases, employees believe they are being treated less favourably for reasons that are not lawful.

This may give rise to a discrimination dispute if the unfair treatment relates to a protected characteristic, such as age, sex, sexual orientation, religion or belief or disability. Where this happens, a discrimination claim may arise.

Even situations that appear straightforward, such as a reorganisation or redundancy, can turn into a workplace dispute. This often happens when employees believe the process is unfair or that they have been selected instead of others without good reason.

In those circumstances, an employee may argue that they have been unfairly dismissed. If successful, an unfair dismissal claim can result in compensation of up to 12 months’ salary through the Employment Tribunal.

How Do You Handle a Workplace Dispute?

Employees involved in a workplace dispute generally have several options available to them.

Common Steps Employees Can Take

  • Raise a formal written grievance outlining their concerns
  • Take part in the employer’s grievance investigation and meeting process
  • Receive a written decision explaining the employer’s position
  • Submit an appeal to a more senior manager if they disagree with the outcome
  • Contact ACAS to begin early conciliation
  • Issue a claim in the Employment Tribunal, where appropriate

Raising a grievance triggers a formal process that the employer must follow. This includes investigating the issues, holding a meeting and allowing the employee to appeal the decision.

Before issuing a tribunal claim, employees are usually required to contact ACAS and go through the early conciliation process. This allows both sides to explore whether the dispute can be resolved without formal legal proceedings.

Resolving a Workplace Dispute with a Settlement Agreement

Settlement agreements are one of the most common ways workplace disputes are resolved.

A settlement agreement allows both the employer and employee to bring the dispute to an end on agreed terms. This often includes severance pay and an agreed departure from employment.

Because employers and employees are not on an equal footing, the law requires that employees receive independent legal advice before entering into a settlement agreement. A legal adviser must confirm that advice has been given by signing a certificate.

This legal requirement exists to ensure the employee understands their rights and the consequences of settling the dispute.

FAQs

Can a workplace dispute exist even if I haven’t been dismissed?

Yes, a workplace dispute can exist even if your employment is ongoing and no dismissal has taken place.

Disputes often arise during performance management, disciplinary processes, grievances, restructures or proposed changes to terms and conditions. You do not need to be dismissed for a legal issue to arise. In many cases, disputes are addressed while employment continues, either through internal procedures or settlement discussions. Taking early advice can help you understand your position before matters escalate.

Does raising a grievance protect my legal position?

Yes, raising a grievance can help protect your position, particularly in discrimination or unfair treatment cases.

A formal grievance creates a written record of your concerns and allows the employer to address them. In some tribunal claims, failing to raise a grievance may affect compensation. While a grievance does not stop time limits from running, it is often an important step before ACAS conciliation or tribunal proceedings.

Can a workplace dispute be resolved without going to a tribunal?

Yes, most workplace disputes are resolved without ever reaching an employment tribunal.

Many disputes are settled through internal procedures, ACAS early conciliation or settlement agreements. Employers often prefer to resolve matters privately to reduce legal risk, cost and disruption. Settlement agreements allow disputes to be resolved confidentially and quickly, provided the employee receives independent legal advice.