Conflict Management Laws: Understanding Uk's Legal Framework

Conflict management is a strategy used to identify and handle disagreements between two parties. While there is no specific legal obligation on having conflict management processes in place in the UK, there are laws and regulations that employers need to follow. These include the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999, and the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Additionally, the ACAS Code of Practice outlines guidelines on raising and resolving conflicts, with recommendations for employers to settle most grievances informally. Understanding the relevant laws and guidelines is crucial for employers to effectively manage conflicts and create a positive work environment.

UK employment law and conflict management

Conflict in the workplace is inevitable, and it is important for employers to have a robust conflict management process in place to deal with the problem while maintaining professional relations. While there is no specific legal obligation in the UK to have conflict management processes in place, there are certain regulations that all employers need to follow.

The ACAS Code of Practice on Disciplinary and Grievance Procedures provides guidelines on managing conflicts and disputes at work. It outlines what appropriate levels of behaviour are and what procedures need to be followed to deal with them. It is not a legal requirement to follow the Code, but every employer must have a fair procedure in place. Under the Employment Rights Act 1996 (ERA), if fair procedures are not followed, employers could be liable for negligence by an employment tribunal (ET).

The Health and Safety at Work Act 1974 sets out the main legislation for employers to ensure the health and safety of employees and visitors to the workplace, including contractors, freelancers, suppliers, and the public. The Management of Health and Safety at Work Regulations 1999 requires employers to assess risks to employees, including from physical violence, and to put in place plans to control or eliminate these risks.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) requires employers to notify their enforcing authority of any incident of non-consensual physical violence done to a person in the workplace. The Safety Representatives and Safety Committees Regulations 1977 and The Health and Safety (Consultation with Employees) Regulations 1996 require employers to consult with and inform employees on all relevant health and safety matters.

Employees should be allowed to raise a conflict or dispute that they have encountered at work without facing any form of discrimination or victimisation for their actions. If conflicts are not managed properly, employees may decide to leave their job, and if they feel they have no other choice but to quit, it could be classified as constructive dismissal.

Employers should make every effort to resolve conflicts informally, but there are occasions when it is appropriate to go straight to the formal process, such as when the conflict is extremely serious, or when the employee has requested a formal investigation. Effective communication is key to resolving conflict, as it can help to resolve misunderstandings and ensure that people feel listened to and treated seriously and fairly.

Managers play a crucial role in addressing workplace conflict early on to prevent escalation, and they need the skills and confidence to intervene at an early stage to nip disagreements in the bud. Getting to know team members as individuals, fostering good working relationships, and understanding any personal pressures that might be affecting them at work can help to prevent conflict.

Additionally, it is important for managers to be aware of their own behaviour and management style, as these can influence workplace dynamics and contribute to conflict. Managers should also be mindful of office politics and gossip, as these can be sources of misunderstanding and tension. Encouraging an open working environment where everyone's contribution is valued and giving positive feedback can help to reduce conflict.

The role of the ACAS Code of Practice

The ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice is a set of advisory documents approved by the UK parliament. ACAS is an independent, non-governmental public body that aims to improve workplace relationships.

The ACAS Code of Practice sets out fair behaviour guidelines for employers and employees in five key areas of employment practice: discipline and grievance; disclosure of information to trade unions; time off for trade union duties and activities; settlement agreements; and requests to work flexibly.

The Code of Practice outlines guidelines on:

• Raising a conflict or dispute
• Dealing with repeat offences
• Carrying out an investigation into the matter
• Informing the accused employee/parties about the issue
• Holding a conflict or dispute resolution meeting
• Allowing the employee/parties to appeal final decisions

While it is not a legal requirement to follow the Code, employers must have a fair procedure in place. Under the Employment Rights Act 1996 (ERA), if fair procedures are not followed, employers could be liable for negligence by an employment tribunal (ET). Employment tribunals must take the ACAS Code of Practice into consideration when settling discipline and grievance cases. Tribunals can adjust any financial awards by up to 25% if a party has not complied with the Code and cannot justify this non-compliance.

The ACAS Code of Practice is particularly relevant when dealing with disciplinary and grievance procedures. It provides guidance to employers, employees, and representatives seeking to resolve conflicts in the workplace. A key provision in the code states that disciplinary and grievance issues should be dealt with informally, wherever possible. Informal action is often the fastest and most effective way to resolve minor cases of misconduct or poor performance. Employers should make every effort to listen to and make reasonable adjustments for employee grievances. When a grievance or disciplinary issue cannot be resolved informally, employers should consider using an independent third party to mediate a resolution. Otherwise, employees may be able to bring formal tribunal action against their employer.

In conclusion, the ACAS Code of Practice plays a crucial role in conflict management in UK workplaces by providing guidelines for fair behaviour and dispute resolution. While not legally binding, it is highly recommended that employers follow the Code to maintain positive workforce relations and reduce the legal risk of claims.

Health and Safety Law

The Health and Safety at Work Act 1974 sets out the main legislation for employers to ensure the health and safety of employees and visitors to the workplace, including contractors, freelancers, suppliers, and the public. The Act also imposes statutory duties on employers towards their employees, members of the public, and others who are affected by their activities.

The Management of Health and Safety at Work Regulations 1999 require employers to assess risks to employees, including physical violence, and to put in place plans to control or eliminate these risks. This regulation also requires employers to train staff so that they know what hazards and risks they may face, how to deal with them, and any emergency procedures.

In addition to physical risks, organisations have a legal duty to protect employees from work-related stress and adverse impacts on their mental health as a result of their work or working environment. The Health and Safety Executive (HSE) identifies six main causes of stress at work, including an inability to cope with a job's demands, a lack of control over how the work is done, a lack of appropriate information, and difficult or hostile work relationships.

Employers should also be aware of the Equality Act 2010, which imposes specific duties to make reasonable adjustments to the workplace and duties of any disabled employee or new recruit where they are placed at a substantial disadvantage. Special health and safety obligations, including additional risk assessment obligations, are placed on employers where an employee is pregnant or breastfeeding.

Other key pieces of legislation that employers must follow include:

• Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR) – requires employers to notify their enforcing authority of any incident of non-consensual physical violence done to a person in the workplace.
• Safety Representatives and Safety Committees Regulations 1977 and The Health and Safety (Consultation with Employees) Regulations 1996 – requires employers to consult with and inform employees on all relevant health and safety matters.

Reporting incidents of violence

Recognising Workplace Violence:

Workplace violence is defined by the Health and Safety Executive (HSE) as "any incident in which a person is abused, threatened, or assaulted in circumstances relating to their work." This includes not only physical attacks but also verbal abuse, threats, harassment, and bullying. It is essential to understand that workplace violence can occur between colleagues or between employees and customers or members of the public.

Legal Obligations:

There are several key pieces of legislation that employers must comply with to create a safe working environment:

• Health and Safety at Work Act 1974: This legislation outlines the primary responsibilities of employers to ensure the health and safety of their employees and visitors to the workplace, including contractors, freelancers, suppliers, and the public.
• Management of Health and Safety at Work Regulations 1999: Employers are required to assess risks to employees, including physical violence, and implement plans to control or eliminate these risks.
• Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR): Employers must report any act of work-related violence resulting in physical injury that leads to an employee being unable to perform their normal duties for more than seven days. Incidents resulting in three to seven days of absence must be recorded but not necessarily reported.
• Safety Representatives and Safety Committees Regulations 1977 and The Health and Safety (Consultation with Employees) Regulations 1996: These regulations mandate that employers consult with and inform employees on all relevant health and safety matters, ensuring their involvement in maintaining a safe work environment.

Reporting Procedures:

When incidents of violence occur, employers should take the following steps:

• Provide Support: Offer suitable support to affected employees, considering their individual needs and well-being. This may include providing a chance to talk about the incident, offering confidential counselling, or referring them to external support services or charities.
• Record Incidents: Develop a simple and accessible recording system to document all incidents of violence or aggression. This helps build a comprehensive picture of the risks and triggers for violence and allows for an evaluation of the effectiveness of control measures. It also demonstrates to employees that the organisation takes these issues seriously.
• Report to Authorities: In addition to reporting to HSE as per RIDDOR requirements, employers or employees may also choose to report instances of violence or intimidation to the local police force, either through their online reporting system or by calling 101.
• Review and Improve: Regularly review recorded incidents to identify patterns, assess the effectiveness of existing control measures, and implement any necessary improvements to prevent reoccurrences.

Preventing Violence:

To minimise the risk of workplace violence, organisations should:

• Identify Risk Factors: Examine potential circumstances that could lead to violence, such as working alone, visiting clients' premises, or travelling during non-working hours.
• Enhance Security Measures: Implement security measures such as recording people entering or leaving work premises to prevent unauthorised access. CCTV monitoring can also be beneficial, especially in sectors with a higher risk of third-party incidents, like transport, retail, health, hospitality, and leisure.
• Develop an Action Plan: Create a comprehensive action plan based on risk assessments, regularly reviewing and updating it to address evolving risks.
• Involve Employees: Consult with employees during risk assessments and encourage them to share their views on the actions required to control risks effectively. This fosters a sense of involvement and ensures that their concerns are addressed.
• Promote a Safe Culture: Build strong and effective relationships between employers and employees to manage workplace conflicts effectively. Encourage open communication and provide employees with accessible channels to raise concerns.
• Communicate Policies and Procedures: Establish clear policies and procedures for managing violence and conflict, demonstrating a zero-tolerance approach. Ensure employees understand these policies and have access to easy-to-understand grievance procedures.
• Provide Training: Offer conflict management training to managers and team leaders, equipping them with the skills to handle conflicts among employees and customers. Employees who interact directly with customers should also receive training on de-escalation strategies and how to respond to abusive or assault situations.

By following these comprehensive steps and adhering to legal obligations, organisations can effectively report, respond to, and prevent incidents of violence, creating a safer and more positive work environment for their employees.

Employee rights and conflict management

Conflict in the workplace is inevitable, and it is the employer's responsibility to have a robust conflict management process in place. While there is no specific legal obligation in the UK to have conflict management processes in place, there are laws and regulations that must be followed to ensure a safe working environment and fair treatment of employees.

Employee Rights

Employees have the right to raise conflicts or disputes without facing any discrimination or victimisation. If an employee feels their concerns are not being addressed, they may decide to leave their job, and if it is found that they had no other choice but to quit, it could be classified as constructive dismissal, which may result in the employer being forced to pay compensation and legal fees.

Employees also have the right to appeal final decisions made during conflict resolution processes. They can do this through employment tribunals, which deal with cases justly, seeing both parties equally and deciding in a fair and balanced way.

Conflict Management Laws and Regulations

The following laws and regulations are relevant to conflict management in the UK:

• ACAS's Code of Practice and Disciplinary and Grievance Procedures: This provides guidelines on managing conflicts and disputes, outlining appropriate behaviours and procedures to be followed. While it is not legally required to follow this code, employers must have a fair procedure in place.
• Employment Rights Act 1996 (ERA): Under this act, if fair procedures are not followed, employers may be held liable for negligence by an employment tribunal.
• Health and Safety at Work Act 1974: This act sets out the main legislation for employers to ensure the health and safety of employees and visitors to the workplace, including contractors, freelancers, suppliers, and the public.
• Management of Health and Safety at Work Regulations 1999: This regulation requires employers to assess risks to employees, including physical violence, and put in place plans to control or eliminate these risks.
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR): Employers must notify their enforcing authority of any incident of non-consensual physical violence in the workplace under this regulation.
• Safety Representatives and Safety Committees Regulations 1977 and The Health and Safety (Consultation with Employees) Regulations 1996: These regulations require employers to consult with and inform employees on all relevant health and safety matters.

Additional Considerations

While not specific laws, there are other important considerations for employers to ensure the fair treatment of employees during conflict management:

• Clear and Consistent Policies: Employers should ensure that policies and communication are clear, consistent, and transparent.
• Accountability: All employees, not just managers, should be held accountable for resolving conflicts.
• Addressing Underlying Emotions: Employers should seek to understand the underlying emotions of employees involved in conflicts to effectively resolve the issue.
• Flexibility in Approach: The approach to resolving conflicts may depend on the circumstances, and employers should be flexible and adapt their strategies accordingly.
• Respectful and Tolerant Work Environment: Employees should communicate with respectful, inoffensive language, show tolerance and acceptance of differences, and demonstrate respect for all individuals in the organisation, regardless of position, status, or tenure.
• Training: Employers should provide training to managers and employees on conflict management and mediation to effectively handle disputes.

By following these laws, regulations, and considerations, employers can ensure that they are complying with employee rights and creating a fair and respectful work environment that effectively manages and resolves conflicts.

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