12 June 2011

Globis Mediation Group is pleased to confirm that its founder Clive Lewis has been recognised in the 2011 Queen’s Birthday Honours list. He has been awarded an Officer of the Order of the British Empire (OBE) for Public Service.

Two main areas have been cited in recognition of his work:

• Chair of the REACH project
• Director of Globis Ltd

During 2006-2009, Clive Lewis chaired a government appointed independent panel that assessed the cost of underachievement of young males from poor socio economic backgrounds.

The ground breaking project identified, for the first time, the true economic cost of underachievement for the group. Taking the areas of Education, Employment and the Criminal Justice System, the research pointed to cost saving opportunities in excess of £24billion. As chair of the REACH panel, Clive reported to the Secretary of State for Communities and Local Government. The primary research included visiting key locations such as London, Manchester, Birmingham, Nottingham and Bristol to engage with local community groups. The government accepted four of the five recommendations, one of which was to launch a national role model programme. The implementation of the programme began within weeks of the report being accepted by government. The objective is to help raise the aspiration levels of those in the said group.

Clive Lewis continued to chair the REACH panel despite experiencing a personal tragedy late in 2006. His father and his wife’s identical twin died within five weeks of each other. Both had suffered lengthy periods of illness.

Clive continues to devote a generous amount of his time to charity work. He is particularly interested in tackling issues related to social mobility and social action.

In a second area, as Founder of the Globis Mediation Group, Clive Lewis has worked tirelessly to raise the profile of mediation in the UK. A commercially trained mediator, he specialises in resolving complex one to one, team, organisational and collective disputes. In 2007, he advised the Gibbon’s Review panel whose work led to the repeal of the statutory 3-step grievance and disciplinary process and the introduction of a revised ACAS Code of Practice. He subsequently advised the Chartered Institute of Personnel and Development on their response to the review.

Globis Mediation Group trains hundreds of new mediators and provides mediators for a myriad of disputes every year, and delivers both preventative and remedial people services for some of the largest organisations in the world. The current economic climate has also prompted an increasing number of organisations to outsource their mediation and dispute resolution provision to Globis.

Clive Lewis has worked closely with members of the workplace mediation community, and has acted as chair of the leading group of UK workplace mediation providers since 2006. He is well known for drawing the business community’s attention to the rising cost of conflict in the workplace, currently running to nearly £30 billion each year. Clive Lewis has also advised other countries such in relation to the development of mediation, recently addressing 400 members of the judiciary from an African country. His exposure at international level is continuing to increase.

He is the author of three books and his fourth book is scheduled to be published later this year. His latest widely acclaimed handbook ‘Difficult Conversations – 10 Steps to Becoming a Tackler Not a Dodger’ was recently featured in The Sunday Times and, along with the accompanying training course, is quickly becoming a runaway success. He is recognised as one of the UK’s leading experts in the field of mediation in the workplace.

Some of the recent disputes he has mediated have included:

• A claim for bullying and harassment amongst a team of 30 health professionals in the NHS

• A sex and race discrimination claim between a chairman and chief executive of a FTSE350 company

• A group of teachers, represented by their trade union, who were discontented with the performance of their headteacher

• A multi-million pound commercial dispute between three organisations in the consumer industry

• A claim for unfair dismissal of a team manager of a high profile UK sports club

• A dispute between two chief executives who had fallen out due to supply chain and fulfilment difficulties as part of a commercial supplier / customer relationship

A former HR director, he continues to work with HR professionals, solicitors and barristers to resolve some of the UK’s most complex disputes.

Clive Lewis’ ability to juggle his day job with giving back to the community and good causes is exemplary. He is a great example of someone who makes an all round contribution.

I would like to congratulate Clive on this recognition of his dedication and tireless work.

Professor Jack Fallow
Director

15th February 2009: Mediation Book Launch

On Thursday 12^th February 2009 the official launch of the widely-acclaimed Definitive Guide to Workplace Mediation and Managing Conflict at Work took place. Held at KPMG in London, the launch was attended by line managers, HR professionals, Employment Lawyers and Trade Union Representatives from across Europe.

The launch was hosted by Lord Hastings of Scarisbrick CBE. Michael Gibbons, Author of a Review of Employment Dispute Resolution in Great Britain and Mike Emmott, Employee Relations Advisor for the CIPD were also in attendance.

Author of the Definitive Guide to Workplace Mediation and Managing Conflict at Work – Clive Lewis said “I am delighted and honoured that such an eminent group of senior industry figures have attended the launch of my new book. Their presence demonstrates that mediation and conflict resolution in the workplace is currently one of the hottest topics in places of work. The business case is compelling.”

For more information about the book, please click here:

The Definitive Guide to Workplace Mediation

Source: People Management magazine
Date: 10 August 2006

Employers’ liability for harassment in the workplace has just been increased, thanks to an anti-stalking law 

Stephen Ravenscroft and Alana Lowe-Petraske 

The recent House of Lords decision in Majrowski v Guy’s and St Thomas’ NHS Trust (2006 UKHL 34) has caused a stir among employers, because it has confirmed an employer will be liable for employees’ acts of harassment if they take place in the course of their employment. 

Majrowski was employed by the trust as a clinical auditor. He complained of being harassed by his manager, saying she had used abusive behaviour, fuelled by homophobia. The trust investigated his complaint and found harassment had occurred. Majrowski was later dismissed for an unrelated reason. 

Four years later he began county court proceedings under section 3 of the Protection from Harassment Act 1997, legislation intended to deal with stalkers. He claimed damages for distress, anxiety and consequential losses caused by the harassment. The claim was made against the trust rather than his manager on the grounds that it was vicariously liable as her employer. 

The claim was struck out on the grounds the act could not create another level of liability in employment law. Majrowski appealed successfully to the Court of Appeal and the trust appealed to the House of Lords. 

The House of Lords decided against the employer. The court accepted that the common law principle of vicarious liability should apply to harassment under the act, partly because the section applicable in Scotland appeared to provide for it. But the Lords confirmed employers’ liability would only arise where harassment occurred during employment and the employee’s actions were closely connected to the employment itself. So, employers can be held liable for their employees’ acts of harassment committed in the course of their employment, whether the victim is a co-worker or a third party. 

“Harassment” has no statutory definition under the act, but would appear to cover any unwanted behaviour that is oppressive and unacceptable. It must be a “course of conduct”, happening on at least two occasions. Victims can claim any time within six years of the conduct happening. 

Unlike harassment under anti-discrimination legislation, there is no defence available under the act for employers who have taken all reasonably practicable steps to prevent the harassment from occurring, and no requirement for the employee to raise a grievance in the first instance. 

There may be legal arguments that an employer can use once a claim is brought under the act. If the employee has already claimed for harassment under the discrimination legislation, or for personal injury resulting from harassment under the law of negligence, normally the law will prevent them from taking a “second bite at the cherry”. Employers may also be able to argue the alleged perpetrator has not engaged in a “course of conduct” or that it was not “in the course of employment”. 

Employers may be faced with a multiplicity of unfounded, speculative claims from employees as a result of this decision. 

Blame and claim 

Under the Protection from Harassment Act 1997, victims have the right to claim damages from the employer for the anxiety caused by the harassment, among other things, even though this outcome may not have been foreseeable and the employer has taken all reasonably practicable steps to prevent the harassment from occurring. Unlike a personal injury claim, there is no need for victims to produce medical evidence. 

How to avoid a tribunal 

The steps employers can take to avoid claims are broadly the same as those it should be taking to prevent harassment at work as part of an anti-discrimination strategy. These include:

• giving managers anti-harassment training to help them spot workplace bullying and, perhaps, modify the behaviour of potential bullies;
• providing clear guidance to employees about what behaviour is unacceptable;
• monitoring rates of employee turnover that might indicate bullying is taking place;
• taking any bullying complaints seriously and dealing with them without delay;
• ensuring the waiver of claims by employees as part of a compromise agreement is carefully worded to include possible claims under the act.

19 January 2009

Mediation at Work: A Case Study

Written by: Leatham Green – Assistant Director of Personnel & Training – East Sussex County Council

East Sussex County Council is a large, complex and dynamic organisation. It employs around 16,000 people, in over 500 locations, with in excess of 350 different job types and an annual budget of around £1 billion. Like any modern business, the Council is constantly seeking ways to improve the way it delivers services in the most cost effective way possible. This changing environment inevitably has an impact on its employees and despite the professional industrial relations climate that exists locally, the Council does experience a degree of workplace conflict that is costly both in terms of resources and human impact.

Over the past couple of years discussions have taken place with recognised Trade Unions and managers to establish what, if anything, could be done to reduce conflict at work, and where it does exist, improve our practices and procedures in such a way that any dispute is resolved quickly. The Council has taken the opportunity to strengthen the training and support that is offered to all managers to ensure they are better skilled and more confident in dealing with difficult situations and conversations, as well as providing coaching and mentoring as and when required. In addition to this, the Council also strengthened the level, quality and accessibility of the HR advice, providing a professional service that adds value to the business with an emphasis on finding pragmatic solutions rather than getting bogged down in process and bureaucracy.

The next step was to agree improvements to strategy and processes and the consensus from both managers and Trade Unions was to move away from a process that was reactive to one that was proactive with an emphasis on outcomes, shifting resources to support early intervention and resolution. Mediation was identified as the most effective solution.

A proposal to introduce mediation into the workplace was developed and presented to the Council’s Chief Officer (Directors) Management Team and was positively endorsed. The proposal was supported by a clear business case setting out the high level cost of the existing approach to tackling workplace conflict, the cost of introducing mediation, and the potential short and long-term benefits. It was agreed that the formal introduction of mediation would be made in line with the changes in employment legislation from April 2009.

Preparations for the proposed changes commenced in January 2008. We worked with Globis to train a pool of in-house mediators selected from different professional groups at a senior level across the Council. This also included the involvement of senior Trade Union officials. The mediation training was first class. We now have 12 accredited mediators including two from the recognised Trade Unions. Wherever possible, the Council will engage one of its in-house mediators to undertake a mediation, however it reserves the right to engage external mediators as and when agreed by both parties.

The following actions were also undertaken:

• Revised “Dignity at Work” and Grievance Policies to establish mediation as the first stage in resolving the conflict/dispute.
• Agreed the clause to be inserted into the contract of employment, for employees recruited from April 2009, which establishes mediation as the Council’s preferred method to resolve workplace conflict and dispute.
• Offered mediation on a voluntary basis to any employees with outstanding disputes.
• Raised the profile of mediation as an effective tool in conflict resolution with managers and employees across the organisation.
• Achieved formal endorsement from the Cabinet of the Council to changes in policy and procedure.

The foundations for the positive introduction of workplace mediation have now been achieved.

Throughout our planning phase we have successfully mediated on a dozen cases and all have achieved an effective outcome for the parties concerned. A number of cases involved employees who had been absent from work due to the workplace conflict and they have now returned to work and are making a valuable contribution to the Council. There is still much work to be done and no doubt the cultural shift away from an adversarial standpoint to one of a speedy and satisfactory resolution may take time. However, the success we have had so far bodes well for a brighter future.

December 22 2008: In April 2009, the current statutory Grievance and Disciplinary process will be repealed and organisations will be encouraged to use early resolution tools where disputes exist. The preface in the new ACAS code of conduct refers to the role that third parties can play in this process. In particular, it refers the role that workplace mediation should play within the guidlines of the new framework.

This is timely, as mediation and conflict resolution strategies have been proven to save organisations time and money. In a time of economic uncertainty this represents a great opportunity for organisations to engage in early resolution principles that deliver cost benefits. For more on the proposed legislative changes, please click here:  http://www.berr.gov.uk/whatwedo/employment/Resolving_disputes/index.html

(This link will take you directly to the BERR website) 

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Date: 24 September 2008 Globis has published its list of open course mediation training dates for 2009. The number of individuals and organisations deciding to train in workplace mediaton skills is growing rapidly. This is being helped by the impending change in employment legislation which is due to take place in April 2009. The flagship National employment and workplace mediation certificate is quickly becoming the UK’s benchmark for mediation training.  Accredited by the National Open College Network and the Law Society, delegates include HR professionals, line managers, employment lawyers and union representatives. Globis are likely to triple the number of number of delegates participating in mediation training during 2009.   

Globis founder and MD, Clive Lewis commented ” I am very excited with our mediation training plans for 2009. Globis will continue to build on the success of our flagship mediation training course and help equip more people with the tools and skills used by mediators to solve disputes”.

To view our list of 2009 open couse mediation training dates please click here: http://www.globis.co.uk/Globis%20employment%20&%20workplace%20mediation%20training%20dates%202009.pdf

To speak to us about in-house training please contact us:  http://www.globis.co.uk/contact-us.php  �

Date: 8 July 2008

The Government has published its consultation paper seeking views on amendments to the dispute resolution and other employment law matters.

You can view and download the consultation paper here http://www.berr.gov.uk/files/file46775.pdf

The matters under consultation include:-

1. extending the definition of a ‘relevant advisor’ who can sign off a compromise agreement (to include CIPD members)
2. changing the current position on interest accruing on tribunal awards
3. broader powers for tribunals to make recommendations in discrimination cases
4. introducing a procedure for chairmen to make decisions on the papers only, without a hearing in certain jurisdictions (with the parties consent)
5. adding Holiday pay to the list of jurisdictions normally heard by a chairman sitting alone;
6. revised ET1 and ET3 forms
7. transitional provisions for the abolition of the statutory dismissal and grievance procedures

The closing date for responses to the consultation paper is 26 September 2008

You can view and download the consultation paper here http://www.berr.gov.uk/files/file46775.pdf�

Date: 20 June 2008

Yesterday, Globis held the first in a series of Webinars designed to help HR functions and organisations prepare for a major change in employment legislation. Globis is the first accredited workplace mediation provider to undertake this initiative.

In April 2009, the statutory (Oct 2004) grievance procedures will be repealed. As part of the Gibbons review, organisations are being encouraged to seek the early resolution of workplace disputes which will save hundreds of thousands of pounds. One of the main tools that organisations are being encouraged to use is workplace mediation.

Former HR Director and Globis founder and MD Clive Lewis, led the session and was joined by co-presenter Armelle Bailey from the Department for business. Just under 100 organisations registered for the session.

The free 40 minute session used latest Web based technology to brief HR professionals and line managers – from the comfort of their own desks- on impending changes and suggested ways in which organisations could prepare.

One delegate commented ” I am now a big fan of Webinars! It was excellent and the most effective use of viewers’ time”.

Clive Lewis stated ” I am delighted that once again, Globis is leading the field in helping organisations incorporate workplace mediation and build better relationships at work. We are aware of the pressures on people’s time so utilised technology to maximize learning and productivity”.

To view the Webinar, please click on the link below:

http://mediazone.brighttalk.com/comm/Globis/38e0988471-8525-1854-8149

The next webinar will take place on Wednesday 22 October 2008

Date: 22 May 2008

Gibbons Review – Government response

The Government have published their response to the Gibbons review. The main response area  that will have an impact on HR professionals and line managers is the decision to repeal the grievance and disciplinary process that was introduced in 2004. This represents one of the biggest employment law changes in many years. The timescale for the removal of this statutory process is April 2009. Organisations will be encouraged to adopt new ways of working such as incorporating the principles of workplace mediation and early resolution.

Globis is working with the Department of Business, CIPD and Acas to prepare the UK for this change.

The business case shows that organisations can save hundreds of thousands or millions of pounds by building better relationships at work.

Please click here to view the response http://www.berr.gov.uk/files/file46233.pdf

Date: 7 April 2008

Globis is currently experiencing exceptional growth for the provision of mediation services and accredited mediation training.

Our goal is to be the UK’s No. 1 provider of preventative and remedial HR solutions that build better relationships at work.

During 2008 we will train in excess of 150 people to become accredited workplace and employment mediators. This year we are holding our first Summer School. The Summer School will be an intensive week long residential training course of our National Certificate in Workplace Mediation Skills Programme.

The Summer School will be held at the picturesque and tranquil House of Cantle, Perth, Scotland. For more information on the training venue, please click here: http://www.cantle.net/house.html

This course will be ideal for anyone who is interested in pursuing a quick concentrated route to Workplace and Employment mediator accreditation.

There will also be ample time to enjoy the scenery on the Loch!

The course dates are 17-22 August 2008. The cost is £3495 plus vat per person, including accommodation and meals.

For a booking form please click here http://www.globis.co.uk/Course_Booking_Form.pdf