Industrial disputes

Dealing with industrial disputes

If a dispute arises, meet with representatives of your employees in order to resolve the problem as soon as possible.

The initial concerns of the meeting should be to:

• define the actual cause of the dispute
• clarify who speaks for each side
• explore what options are available to resolve the dispute

Hopefully this meeting, or negotiations that follow it, will resolve the problems. But if the negotiations become deadlocked, then it may be necessary to call on outside help, possibly from Acas.

Acas conciliators attempt to resolve disputes by helping both parties discuss their differences and reach a settlement - but without recommending or imposing a settlement.

Use of Acas arbitration is voluntary, but the parties accept in advance to be bound by the arbitrator's award, made within agreed terms of reference for the arbitrator. The decision to go to arbitration may be ad-hoc, or may be an agreed stage in the parties' procedure. Such a stage may be triggered either on a joint, unilateral, or mandatory basis.

Read about Acas services and training on the Acas website.

Alternative dispute resolution

You can also consider building into your employment contracts clauses for alternative dispute resolution. Most larger firms of solicitors now have specialists who can act as mediators. Read guidance on drafting model clauses for mediation on the Centre for Effective Dispute Resolution (CEDR) website.

Subjects covered in this guide

• Introduction
• Avoiding industrial disputes
• Dealing with industrial disputes
• Effective negotiating
• Before industrial action takes place - legal issues
• During industrial action - legal issues
• Following industrial action - legal issues
• Trade union recognition
• Collective bargaining

 

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