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Delivering on Gibbons: the business case for mediation at work
Mike Emmott
CIPD Adviser, Public Policy
People and Performance Model: the influence of HR practices
Ability/skill
----------------------
Motivation/ Incentive
----------------------
Opportunity to participate
Organisation commitment
---------------
Motivation
--------------
Job satisfaction
Performance outcomes +
Front line management - Implementing - Enacting - Leading - Controlling
Discretionary Behaviour
Training and Development
Performance Appraisal
Career opportunity
Recruitment/ selection
Pay satisfaction
Job challenge/job autonomy
Teamworking Involvement
Communication
Job security
Work-life balance
Understanding the people and performance link (CIPD 2003)
Influence of conflict on performance
• conflict management is not visible in the model• but conflict reduces employee satisfaction and
motivation• and inhibits employee engagement• HR departments spend time “fire-fighting” and
responding to ET claims
Major causes of conflict at work
• Behaviour/conduct • Performance• Sickness absence• Attendance• Relationships between colleagues• Theft/fraud• Bullying/harassment• Sex discrimination
Managing conflict at work (CIPD 2007)
Costs for employers
• Average annual costs to employers of dealing with ET claims (excluding management time) almost £20k
• Businesses spend almost ten days on average dealing with an individual claim (including 7.7 days senior managers’ time)
• 33% of employers also report non-financial negative effects
• Average cost of defending an individual ET claim estimated around £9000 (Gibbons report)
CIPD research 2007
Costs for employees
• Adverse impact on health • Strain on relationships inside and outside the
workplace• Damage to future career prospects• Stress and depression reported in 33% of cases • Claimants spend an average of £2500 on legal
fees
Gibbons review March 2007
What are the benefits of mediation?
• Time - mediation often completed in one meeting• Legal representation optional• Confidentiality• Problem-solving approach to complaints reduces
disruption and future problems• Lower employee turnover• Fair process: parties contribute to solution• No finding of guilt or innocence• “Win-win” solution
Business benefits as seen by employers• benefit most frequently mentioned is improving
relationships between employees (83%)• reducing or eliminating the stress involved in more
formal processes (71%). • almost half of respondents (49%) see mediation as
avoiding the costs of defending employment tribunal claims
• majority of organisations that make use of mediation do so primarily for ‘soft’ or cultural reasons ie mediation is about performance not just costs
Workplace mediation: how employers do it (CIPD 2008)
Impact of mediation on ET claims
• Employers that provide mediation training receive fewer ET claims
• Average 3 claims compared with 3.5 • Marked public sector effect (4.6 claims
compared with 8.9)• Employers with 10,000+ employees report
about one quarter the number of claims if they provide mediation training
Managing conflict at work (CIPD 2007)
Employers’ use of mediation
• only 30% of employers train any employees in mediation skills
• training is more common in public services (53%) than in other sectors (manufacturing and production 15%)
• 1in 4 employers use internal mediation • 1 in 5 employers use external mediation (e.g.
ACAS)
Why don’t employers make more use of mediation?
• Cost is seen as the biggest single issue inhibiting the greater use of mediation.
• Lack of trust by employees is also an important factor referred to by 16% of respondents.
• Lack of understanding about the process (21%), lack of interest by senior management (13%) and difficulties in finding a mediator (12%) are also significant factors.
• Resistance by line managers is seen as inhibiting the use of mediation by 12% of respondents.
Gibbons agenda: more disputes to be resolved in the workplace
• repeal statutory dispute resolution procedures• produce clear, simple, non-prescriptive guidelines
on discipline and grievances• ensure “incentives to comply with new guidelines
by maintaining and expanding employment tribunals’ discretion to take into account reasonableness of behaviour and procedure when making awards and costs orders”
Other Gibbons recommendations• increase quality of advice to potential claimants
and respondents through adequately resourced helpline…
• …including as to the realities of tribunal claims and the potential benefits of alternative dispute resolution
• offer incentives to early resolution techniques by giving employment tribunals discretion to take into account the parties’ efforts to settle the dispute when making awards and costs orders
The Gibbons challenge
• “…all employer and employee organisations to commit to implementing and promoting EDR…”
• how will we recognise success? • what is the price of failure (after earlier misfires)? • what alternatives are on offer to ensure the
“effective and proportionate enforcement of rights”?• how will employment tribunals respond to the Acas
Code: how will they promote early dispute resolution?