Resolving Workplace Disputes – Government Response to Consultation

In April 2011 the Government launched a consultation into resolving workplace disputes. The findings of this have just been announced, and an overview of its conclusions is presented below. To view the full response, please click here.

Mediation: The Government will explore with large businesses within the retail sector whether and how they might be able to share their mediation expertise with smaller businesses in their supply chain, and will pilot the creation of regional mediation networks through the provision of mediation training to a number of representatives from local SMEs.

Compromise Agreements: The Government will:  

• bring forward an amendment to clarify s.147 of the Equality Act, to provide reassurance to parties that compromise agreements can safely be used;
• consider how we can develop a standard text for compromise agreements:
• consult on amending section 203(3)(b) of the Employment Rights Act 1996 to enable compromise agreements to cover existing and future claims without requiring long lists of causes of action;
• consult on introducing a system of “protected conversations”;
• amend the title of “compromise agreements” to “settlement agreements”.   

 
Early conciliation: The Government intends to introduce the requirement for all potential tribunal claims to be lodged with Acas in the first instance.  

Modernising Tribunals: The Government has asked Mr Justice Underhill, outgoing President of the Employment Appeal Tribunal, to lead a fundamental review of the Employment Tribunal Rules of Procedure.  At the same time, we will make changes to the Rules as set out in relation to:

• cost and deposit orders
• witness statements
• witness expenses
• Judges sitting alone in unfair dismissal cases at the earliest opportunity

Unfair Dismissal qualification period: The Government intends to extend the qualification period for unfair dismissal from one to two years.

Financial Penalties: The Government intends to introduce a discretionary power for employment tribunals to levy a financial penalty on employers found to have breached employment rights.

Formula for calculating award and payment limits: The Government intends to retain the automatic mechanism for up-rating tribunal awards and statutory redundancy payments, but will modify the formula to round to the nearest pound.

Rapid Resolution: The Government will consider whether and how we can introduce a scheme to provide quicker, cheaper, determinations in low value, straightforward claims (such as holiday pay) as an alternative to the current employment tribunal process. 

Clive Lewis OBE, Globis Mediation Group’s founding director was interviewed by the Financial Times for an article on cyber bullying in the workplace. The article explores how the topic is becoming increasingly common in the workplace.

The full article can be found by clicking here.

Globis Mediation Group provides a course to support organisations that may be experiencing cases of bullying and harassment. To view the full content of the ‘how to prevent bullying harassment in the workplace’ one day course, please click here.

On the 20^th October, Globis Mediation Group’s Founding Director, Clive Lewis visited Windsor Castle to be presented with his OBE medal by the Princess Royal. The investiture ceremony was a fantastic experience for Clive and his family who thoroughly enjoyed the event.

Clive was awarded an OBE for Public Service in the 2011 Queen’s Birthday Honours List. For further information on Clive’s OBE please visit this page.

Employment tribunal statistics for the year up to March 2011 have recently been published.  In summary:

There were 218,100 claims to Employment Tribunals (ET) between 1 April 2010 and 31 March 2011. This was an 8% fall compared to 2009-10, but an increase of 44% against 2008-09.

Employment Tribunals disposed of (dealt with) 122,800 cases during 2010-11, 9% more than in 2009-10 and 33% more than in 2008-09.

The rise in cases disposed of was seen in multiple cases – increasing by 27% from 2009-10 to 2010-11, whilst there was a 3% fall in disposed single cases over the same period.

Of the 382,400 jurisdictional claims received in 2010-11, 30% were concerning Working Time Directive (largely airline cases that are resubmitted every three months), 28% were for unfair dismissal, breach of contract and redundancy (lower than in previous years) and 19% were for unauthorised deductions (Wages Act).

Of the 244,000 disposed jurisdictional claims, 39% related to Unfair Dismissal, Breach of contract and redundancy; 16% were for Unauthorised Deductions (Wages Act) and 11% were for Equal Pay.

At 31 March 2011, the caseload outstanding for ET was 484,300 – an increase of around a fifth on the number at 31 March 2010.  The vast majority of the outstanding (claims awaiting resolution) are multiple claims, including about 199,000 resubmitted airline Working Time Regulation claims referred to earlier and Equal Pay claims.

However, for single ET claims, there has been a reduction of 16% in the caseload outstanding, between 31 March 2010 and 31 March 2011.

The full report can be found here.                                                                                                                                    

Clive Lewis OBE recently participated in a podcast entitled ‘Introduction to Workplace Mediation’. The podcast also featured Globis trained mediator and Head of the Employment Law Department at Cumberland Ellis Solicitors, Mark Shulman.

The use of mediation in workplace disputes is becoming ever more popular and with the Government looking to take more cases out of tribunals, looks likely to become a core part of an employment law advisers remit.

In this podcast, featured on the Employment Cases Update website, Clive Lewis and Mark Shulman discuss the business case for, and practice of, workplace mediation as a means to resolve disputes without litigation. Clive provides an insight into examples of disputes that are suitable for mediation, instilling mediation into an organisation’s culture, what actually happens during a mediation session and discusses the recent government consultation into resolving workplace disputes.

To listen to the podcast, or to download the transcript, please click here.

If you have a forthcoming podcast that you would like Clive Lewis OBE to participate in, please be in touch with philomena.mcquinn@globis.co.uk

NEW BOOK ON SURVIVING REDUNDANCY IS LAUNCHED IN FACE OF HALF MILLION UK JOB LOSSES

Timely new redundancy book set to help hundreds of thousands of people find work 

—————————————————————————————————————–

Being made redundant is a very emotional and deeply personal matter. Even if you are one of an entire department that has been let go, the feeling of being surplus to requirements and not being needed will inevitably surface at some point. Some 400,000 people will face redundancy in the UK during 2011/12. Picking yourself up and moving on is a very difficult process, but also an essential one.

This new handbook ‘Bouncing Back From Redundancy – 12 Steps to Get Your Career and Life Back on Track’ will help those facing redundancy to identify the positives in their situation and inspire them to move on to the next step in their career.  

Written by Clive Lewis OBE, it comes packed with advice and experience from an industry leader in employee relations who has experienced redundancy from both sides of the fence.

The 12 practical steps in the book include:  

•  Handling the news and picking yourself up
•  How to identify where new job opportunities are likely to emerge
•  Finding out more about your personal strengths and weaknesses
•  Discovering the secrets behind finding jobs in the hidden market
•  Honing your interview skills and techniques
•  Improving your chances of reducing your time out of work

Each chapter is followed by a real life case study bringing the book alive by charting 12 experiences captured from people who have also experienced redundancy.

The author said: “The fact of the matter is that redundancy is now an occupational hazard that is increasingly prevalent in all sectors of employment, and anyone who goes through their entire career without once being exposed to the threat of redundancy is likely to be among the minority. If, or when, redundancy affects you it is important to respond positively and in a structured manner.”

Commenting on the new book Dr Noorzaman Rashid Leadership Services Director of Harvey Nash said “This book is timely. Hundreds of thousands of people need help to think through how to get back on their feet following redundancy. This book will come as a relief for them and be a support tool organisations can offer to help create a silver lining to the  difficult messages of redundancy”.

A workshop that is ideal to form part of an organisation’s outplacement service also accompanies the book. 

The book, released today and priced at £9.99, is available on Amazon and copies signed by the author are available here.

Note to Editors:

• Clive Lewis OBE is a HR Specialist and former HR Director who has experienced redundancy himself and managed many redundancy programmes 
• Bouncing Back From Redundancy – 12 Steps to Get Your Career and Life Back on Track is Clive Lewis’ fourth book.
• The ISBN for the book is 978-0-9568648-5-7
• Clive’s third book ‘Difficult Conversations – 10 steps to Becoming a Tackler not a Dodger’ received wide acclaim and was recently featured in the Sunday Times
• To arrange an interview with the author please call 0330 100 0809 or email philomena.mcquinn@globis.co.uk

October 11, 2011

8:15 AM to 9:45 AM

Date: 11^th October

Time: 8.15 for 8.45

Duration: One hour

Location: London, W1J 6QA

Cost: FREE

We are delighted to announce that in partnership with Harvey Nash, we will be hosting a breakfast briefing session on the hot topic of managing difficult conversations.

A recent survey revealed that 60% of managers avoid having difficult conversations. With organisations facing economic uncertainty, budget cuts, rising unemployment, constant change and performance issues, the need for having difficult conversations is increasing. 

This hour long session will focus on exploring the implications to organisations of managers dodging uncomfortable discussions and the benefits of tackling difficult conversations.  Clive Lewis OBE, author of ‘Difficult Conversations, 10 Steps to Becoming a Tackler not a Dodger’ will outline the 10 practical steps he has devised that can be taken to manage challenging conversations effectively -

All attendees will be given a complimentary copy of the handbook and the audio book. The handbook has proven itself to be a vital desktop support tool for managers in a variety of organisations across the UK. The handbook forms the basis of a training course developed by Globis Mediation Group that is part of a ‘how to’ series of workshops for managers.

Spaces are limited, so please contact Helen Robinson on 0330 100 0809 or Helen.robinson@globis.co.uk to reserve your place.

A light breakfast buffet and refreshments will be served.

Globis Mediation Group is delighted to announce its 2012 mediation training calendar.

The calendar includes all of our popular mediation courses catering for all levels, including those new to the field of mediation with introductory courses, those seeking accredited training and those looking to increase their skills with advanced courses.

New for 2012 

• A residential summer school for accredited mediation training 

• International training dates 

  National Employment and Workplace Mediation Certificate

  7-9 & 13-14 March

  Hong Kong

  21-23 & 29-30 March

  London

  18-20 & 24-25 April

  New York

  16-18 & 24-25 May

  Birmingham

  4-6 July & 12-13 July

  London

  13-18 August (1 day off in week)

  SUMMER SCHOOL

  12-14 & 20-21 September

  London

  5-7 & 13-14 December

  Birmingham

  Foundation in Workplace Mediation Skills

  21-23 March

  London

  16-18 May

  Birmingham

  4-6 July

  London

  12-14 September

  London

  5-7 December

  Birmingham

  Practitioner in Workplace Mediation Skills

  29-30 March

  London

  24-25 May

  Birmingham

  12-13 July

  London

  20-21 September

  London

  13-14 December

  Birmingham

  Introduction to Mediation in the Workplace

  2 March

  Gloucester

  7 September

  London

  Understanding Mediation in the Workplace

  26-27 January

  Gloucester

  4-5 October

  London

  Advanced Practitioner in Workplace Mediation Skills

  30 April - 1 May

  London

  22-23 November

  Gloucester

  Refresher Course in Workplace Mediation Skills

  2-3 February

  London

  27-28 September

  Gloucester

  Workplace Mediation Conversion Course

  29 February - 2 March

  London

  10-12 October

  London

Globis Mediation Group also offers a wide range of non-mediation, in-house courses – specifically delivered to meet the needs of your organisation:

How to Manage Difficult Conversations

How to Prevent Conflict Whilst Implementing Change

Mediation Advocacy

How to Manage Challenging Behaviour (for teachers and social workers)

Leadership and Complexity

Influencing Skills

Conflict Coaching

Teamwork and Collaboration in Diverse Group settings

How to Manage Bullying and Harassment in the Workplace

Leadership and Conflict

How to Learn from Difficult Behaviours

How to Enhance Communication Skills

How to Facilitate Groups and Teams

How to Handle Team Meetings

The Equality Act – Briefing Sessions

Conflict Resolution Skills for HR Professionals and Line Managers

Conflict Management: How to Manage Violence and Aggression

How to Win through Diversity

If you would like further information on any of the above courses, please do not hesitate to contact Helen Robinson on 0330 100 0809 or helen.robinson@globis.co.uk

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

People Management magazine, the magazine for the Chartered Institute of Personnel and Development, features an article entitled ‘HR urged to spread message on mediation’. The article explores the issue that mediation should form part of the tool kit of line managers, and not just be seen as an HR only function. The business case for mediation, a core part of Globis Mediation Group’s message, is also discussed in the article.

The article features Clive Lewis, Globis Mediation Group’s Founding Director, and takes heed of his comments made during the London launch of his latest book on mediation ‘Win Win; Resolving Workplace Conflict: 12 Stories’. The article also features comments on the topic of increasing the awareness and use of mediation from other speakers at the launch. They include Leigh Lafever-Ayer, corporate HR manager, UK and Ireland at Enterprise Rent-a-Car and Mike Emmott from the CIPD.

The full article can be found by clicking here.