Reframing Resolution - Managing Conflict and Resolving Individual Employment Disputes in the Contemporary Workplace

Recent years have seen increased concern over a perceived increase in individual workplace conflict. Last year, there were 218,000 applications to employment tribunals, more than double the number five years previously. As a result, the resolution of individual employment disputes has become a crucial issue for policy-makers and practitioners. Accordingly, this seminar series brings together, for the first time in the UK, leading academic researchers to present and explore innovative conceptual approaches and new empirical data in relation to workplace dispute resolution and the management of conflict.

The series will develop new theoretical insights into the nature of individual workplace conflict and the pattern of individual employment disputes. It will also examine the way in which organisations manage conflict and how this is shaped by HR strategies and structures of employee representation. Furthermore, the potential of alternative dispute resolution processes such as mediation will be assessed. In this way the seminar series will provide key insights into ongoing policy debates over the legal regulation of employment and workplace dispute resolution, define a future research agenda and lay the foundations for the development of increased research capacity. The series, supported by Dept of BIS, Acas, CBI, TUC, BCC, CIPD and a number of mediation providers (CMP Resolutions, Consensio Partners and the TCM Group) will also draw on the experiences of leading practitioners and policy-makers to share knowledge and identify new and creative approaches to conflict management and resolution.

The first seminar will take place at the University of Strathclyde in October 2012 and will explore the dynamic nature of individual conflict and the main factors that determine whether and how employees and organisations become involved in employment disputes. In December 2012, the University of Warwick will host the second seminar which will appraise the impact of legislative and policy reforms for both employees and employers and examine key tensions between notions of fairness, equity and efficiency. The third seminar, which will take place at Swansea University in February 2013 will ask whether workplace mediation has the potential to transform the way that organisations manage conflict and seek to resolve difficult disputes. By drawing on new research evidence from the UK, USA and the Republic of Ireland, and the experience of organisations and mediation providers, the seminar will identify both the benefits of, and the barriers to, its use.

Mediation is only one response to the emergence of workplace disputes. Therefore, the fourth seminar, to be held at Queens University Belfast in April 2013 will explore ways in which organisations seek to manage conflict and so prevent the escalation of issues into damaging disputes. At the same time it will examine the impact of radical changes to the HR function and the development of high involvement work practices. This will be followed in June by a seminar at the University of Central Lancashire which will focus on the role of employee voice and in particular the impact of employee representation within formal and informal processes of resolution.

The emergent themes will then be considered in a final seminar to be held at the University of Westminster in September 2013. This will bring together academic researchers with major employers, senior HR practitioners, trade union officers and officials, representatives of small and medium sized organisations, mediation providers and policymakers such as Acas and BIS. The Westminster seminar will explore ideas that may contribute to more effective approaches to conflict management and dispute resolution and facilitate the development of sustainable networks through which future research and knowledge transfer can be developed.

Encouraging the early resolution of workplace disputes and enhancing the ability of organisations to manage conflict more effectively is a major priority for the UK government (BIS, 2011). Similarly, the costs of individual employment disputes and their associated negative impact on organisational performance are a central concern for employers in both the private and public sectors. Furthermore, the consequences of legislative reform for fairness, equity and diversity within UK workplaces is a particular concern for trade unions and the TUC. This seminar series will deepen understanding of workplace dispute resolution and provide the basis for more effective policy and practice. Its relevance for key users is clearly illustrated by the attached correspondence from Dept of BIS, Acas, CIPD, BCC, CBI, TUC, CMP Resolutions, Consensio Partners, and TCM Group.

The seminar series will assist Acas in three main ways. Firstly, it will provide insights in respect of policy for which Acas has a key responsibility in advising government. Secondly, it will inform the provision of advice services to employers and employees. Thirdly, it will help Acas to maximise the effectiveness of training in dispute resolution and mediation. For BIS, the seminar series will explore the implications of current proposals under the government dispute resolution consultation and employment law review. In particular it will provide vital evidence in respect of the potential of workplace mediation, a question posed within the current consultations. At a broader level it will provide a substantial evidence base on which future policy deliberations can be based and identify possible innovations in this area. This will also be of significant interest to legal practitioners.

The research presented during the seminar series will inform the advice that organisations such as the CBI, CIPD, BCC and the FSB provide to their members. It will shape their attitudes to public policy and also assist them in making representations to government. The series will provide evidence as to the roles played by HR professionals and managers within dispute resolution and so will assist the development of more effective practice. It will extend the evidence base in respect of areas identified as priorities by the CIPD such as workplace mediation. Moreover, seminar four will explicitly examine the role of employee voice and employee representation. This will help the TUC, trade unions and organisations such as Citizens Advice to develop effective policy but will also provide vital data regarding the roles played by representatives and hence help to improve the training of representatives in disciplinary and grievance matters.

Given the policy relevance of the seminar series, it will be firmly grounded within the user community. Leading figures within Dept. of BIS, Acas, CIPD, CBI, TUC, BCC and a number of private mediation providers (CMP Resolution TCM Group and Consensio Partners) have agreed to participate within and contribute to the seminar series. Each seminar will therefore provide opportunites for users to share their experiences with each other and leading academic researchers. Furthermore the final seminar will bring together academics, HR professionals, managers, trade union representatives and policy makers to discuss the issues raised by the series.

We will also seek to disseminate the lessons learnt from the seminar series throughout the wider user community. A report outlining the policy implications of our research will be published and we will seek to disseminate key research from the series within practitioner journals such as People Management and Personnel Today, as well as presenting findings at practitioner conferences such as the CIPD Annual Conference. Finally, we will broaden the impact of the findings through the seminar series' web-pages that will become a key resource for practitioners with an interest in dispute resolution.