Managing conflict at work

booklet

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Contents
1

Managing conflict at work: introduction

About this booklet
Your six step guide
About Acas

1
1
2
2

What are the signs of conflict?

How long has it been going on?
Symptoms of conflict
Reading the signs

Who is in conflict?
Conflict between individuals
Conflict between groups

3
3
3
4

5
5
6

What is causing conflict?

8
Personalities 8
Needs and expectations
9
Values 9
Unresolved problems from the past
10
Increase in workload
10

How do you manage conflict?

11
Develop a strategy 11
Managing conflict beween individuals
11
Managing conflict between groups
16

Do you need help?
20
Conciliation (where a claim to an Employment Tribunal is likely
20
or has been made)
Mediation (where no claim to an Employment Tribunal is likely
21
or has been made)
Arbitration 23

How can you prevent future conflict?

Keeping up-to-date

24
25

Appendix 1: Scenarios

26

Appendix 2: Important changes to making Employment

Tribunalclaims

29

Managing conflict at work:

introduction
Conflict at work takes many forms.
It may be that two workers simply
dont get on; or that an individual
has a grievance against their
manager.
Conflict may take the form of rivalry
between teams; or it may be
apparent by the lack of trust and
cooperation between large groups of
employees and management.
How do you manage this conflict so
that it has a positive rather than a
negative impact on your workplace?
To prevent conflict leading to strikes
or employment tribunal claims1 you
need to intervene as soon as
possible. Mediation is being
increasingly used as a way of
providing a positive outcome to
conflict.

About this booklet

This booklet gives you an overview

of how to manage the relationships
in your organisation between
individuals, teams, and larger groups
of employees.
It will help you prevent future conflict
and minimise the impact of ongoing
conflict.
For information and advice on
negotiating with unions and setting
up representative groups of
employees see the Acas booklet
Representation at work at
www.acas.org.uk/publications.

Refer to Appendix 2 which outlines important changes to making Employment tribunal

claims

MANAGING CONFLICT AT WORK: INTRODUCTION

Your six step guide

The advice in this booklet is based on answering the following six questions:

1 What are the signs of conflict?

The sooner you see the signs, the sooner you can intervene and
resolve the problem.

2 Who is in conflict?

This question is easy to answer if you have a good relationship with

your employees. Do they come and talk to you or do you rely on a
gut feeling?

3 What is causing conflict?

The real causes of conflict can be deep lying. Once youve identified
the cause you may have to distinguish between someones position
what they want and their interests why they want something.

4 How do you manage conflict?

Some basic policies and procedures can help you manage conflict
such as a procedure for handling grievances. There are also some
useful techniques you can use for example the problem-solving cycle.

5 Do you need help?

To end conflict someone and, often, more than one person has to
change they way they behave. You may need skilled help to achieve this.

6 How can you prevent future conflict?

Acas has summarised 11 key principles for running an effective

organisation based on cooperation and trust. These include listening to
employees, treating them fairly and looking after their health and safety.

About Acas

Acas is an independent, mainly

publicly funded organisation. For
over 30 years we have been:

resolving conflict between

individuals, teams and groups

promoting the use of employment

policies and procedures that help
prevent conflict, improve
employment relations and lead to
more efficient and effective
organisations.

MANAGING CONFLICT AT WORK

We are a practical organisation. We

have worked with businesses of all sizes
and from every sector. We are also:

impartial and do not take sides

independent and unbiased our

Council is made up of small

business leaders, academics and
leading figures in the TUC and CBI.

If you would like to talk to an Acas

mediator or find out about our training
or publications call the Acas Customer
Services team on 0300 123 11 50 or
visit www.acas.org.uk.

What are the signs of

conflict?

Some signs of conflict will be very

visible. For example, you might:

witness a heated exchange

between colleagues

attend a meeting between

management and employee

representatives that turns into a
stand-off.

However, not all forms of conflict are

so obvious. Some individuals might
hide their feelings as a way of coping
with a problem; while a team might
react to pressure by cutting itself off
from the rest of the organisation.

How long has it been going on?

Symptoms of conflict

Before conflict develops people may

simply feel unhappy about
colleagues or issues that are
troubling them. You might notice the
following symptoms:

motivation drops: fewer people

volunteer to take on new tasks

and there is little employee input
at team meetings or briefings

behaviour changes: people start

to make derogatory remarks

towards each other and there are
fewer social events organised

productivity falls: there are likely to

be more queries and complaints if
people are not cooperating with
each other

The quicker that you recognise there

is a problem the better. Conflict that
is ignored can often escalate.
Spotting conflict at an early stage
gives you a better chance of:

sickness absence increases:

identifying the underlying causes

responses to staff attitude

reaching a sustainable agreement

unhappiness may lead to

depression or stress

surveys or questionnaires indicate

underlying dissatisfaction.

resolving the conflict.

WHAT ARE THE SIGNS OF CONFLICT?

Some of the symptoms such as

absence levels can be measured
and monitored. Recognising other
symptoms often relies on how
sensitive you are to the atmosphere
within an office or workstation. For
example, instead of talking through
differences of opinion are employees
sending angry emails to each other?

Reading the signs

Some managers will find it easier

than others to pick up signs of
conflict. There is often an element of
doubt. For example, is a row
between a manager and an
employee a symptom of some
deeper problem or are they just
having an off day with each other?

As a manager you are more likely to

be able to interpret the behaviour of
your employees if you have regular
channels for open communication
and consultation. By listening to the
views of your employees at an early
stage before issues become
potential problems you can gauge
future reaction to proposed changes.
Employee feedback forms or
questionnaires may also help you to
put in place preventative measures
to stop future conflict arising. See
How do you prevent future
conflict? p24.

How do you respond to conflict?

There are three common responses to conflict which way do you respond?

Fight

You react in a challenging way. At work this might mean

shouting or losing your temper.

Flight

You turn your back on whats going on. This is a common

reaction by ignoring a problem you hope it will go away.

Freeze

You are not sure how to react and become very passive. You
might begin to deal with the issue but things drift or become
drawn out through indecision.

These three reactions are almost instinctive.

However, in this booklet we explore a fourth approach to conflict Face
it. This means approaching a problem in a calm and rational way with a
planned approach.
A problem-solving cycle can help you face problems see p17 for more details.

MANAGING CONFLICT AT WORK

Who is in

conflict?

Conflict tends to fall into two broad

categories:

conflict between individuals

involving:
colleagues
employees and their managers
conflict between groups involving:
teams
large groups of employees
and management.

Conflict between individuals

Colleagues
Everybody will, at some time, have
problems or concerns with someone
else at work. An individual might feel
angry or upset about a colleague.
There may be:

a clash of personalities
strong differences of opinion over
work

an overspill from personal issues

outside work.

and positive dialogue. If an employee

feels able to approach you at an
early stage, then problems can often
be nipped in the bud before they
become formal grievances.

An employee and their manager

What if you are a manager and the
conflict involves you? It is not always
easy to identify potential conflict if
you are seen to be the cause of it.
An employee may feel that:

your management style is too

authoritarian or too weak

you favour other work colleagues

when you assign tasks.

An employee may talk to you about

how they feel, or they may suddenly
confront you with a list of grievances.
It can be hard for employees to
express their concerns with senior
colleagues. If they feel unable to
talk to you they may go to another
manager or an employee
representative. See p3 for more
signs of conflict.

Conflict between work colleagues

can often lead to accusations of
bullying or harassment. Good
managers should always be ready to
talk. Try to create a climate of open

WHO IS IN CONFLICT?

Conflict between groups

Teams
The way a team works can be quite
complex. There are often subtle
balances between personalities and
work responsibilities to be maintained.
Conflict within teams, or between
teams, can often take the form of:

rivalry between colleagues

disagreements over a teams
goals or shared values

resentment that one team is not

pulling its weight.

A lot has been written about the way

teams form and develop. In the
1960s Dr Tuckman, an educational
psychologist, developed a model to
describe the way groups behave as
they work together. Tuckmans
model identifies four distinct phases:

forming: the team is uncertain

how to proceed and behaviour is

often reserved

storming: the team often argues

about who should do what and
how
norming: the team agrees its core
tasks and individual roles within
the team
performing: the team operates
along the agreed norms.

MANAGING CONFLICT AT WORK

It is in the storming phase that

conflict is most likely as people
form cliques and jostle for position.
However, this conflict is essential to
the development of a successful
team.
Groups of employees and
management
Conflict between groups of
employees and their employers is
often characterised by the classic us
and them mentality. You may be
aware of:

a general resentment or anger

towards senior management

poor morale and low levels of

motivation.

Conflict may become focused on

specific issues. For example, groups
of employees may feel very strongly
about:

health and safety

rates of pay
redundancies
lack of proper consultation.

It is not always possible for

managers to talk to every individual
affected by such broad issues. It
may help to form representative
groups with employees to work
through these and other ad hoc
problems. These groups are often
called task groups and are made
up of employee representatives and
senior managers. See working
groups on p16 for more details.

WHO IS IN CONFLICT?

What is causing the

Some of the issues that can cause
conflict between individuals and
groups at work include:

poor management
unfair treatment
unclear job roles
inadequate training
poor communications
poor work environment
lack of equal opportunities
bullying and harassment.
These issues can be the direct
cause of conflict for example, you
may have to look no further than
discrimination or bullying in the
workplace. However, the causes of
conflict can lie dormant for years
only to suddenly flare up. Conflict
can be sparked off by:

the personalities involved

our changing needs and
expectations

ignoring common values

8

MANAGING CONFLICT AT WORK

conflict?

unresolved problems from the

past

increase in workload.
Did you know?
It is illegal to discriminate against
an employee on the grounds of
sex, race, disability, sexual
orientation, religion or belief,
gender reassignment, civil
partnership and marriage,
pregancy and maternity, and
age. For more information visit
www.acas.org.uk or contact the
Acas Equality Direct helpline
0300 123 11 00.

Personalities

Personalities can exert a very strong

influence in the workplace. Yet it is
not always easy to predict how an
employee will:

express their feelings when they

are upset or angry

change their behaviour in difficult

or stressful situations.

The personality mix within a team

can be upset when a new member
of staff joins or if two colleagues
suddenly fall out. If individuals are

upset or unhappy they are more

likely to become frustrated by the
kind of issues listed opposite.
Individuals may also respond to
difficult or challenging situations in a
stereotypical way. This can be a
result of learnt behaviour.
Learnt behaviour is often a mixture of:

the way you have been taught to

behave

the behaviour you have copied

from other people

a strategy you adopt to cope with

problems.

the needs of employees or set

unrealistic expectations.
For example, arranging hours that
make it difficult for employees to
carry out their childcare
responsibilities or expecting them to
work late without prior warning.

Values

Most people have very clear ideas

about what they think is fair. These
are partly a reflection of personal
values. However, in society we also
have shared values and many of
these are associated with the idea of
natural justice.

Needs and expectations

We all have needs at work. These

often include:

Natural justice refers to certain

fundamental principles of justice that
many of us deem to be fair. Conflict
often occurs when we neglect our
duty:

a flexible work routine

to give someone a fair hearing

a safe and healthy working

to explain the reasoning behind a

environment

decision

personal development and training to be impartial

a fair rate of pay.
The way these needs are met often
become our expectations for the
future how we hope to be treated
and what changes we expect to
happen. Conflict at work can often
be caused when employers ignore

to hear an appeal against a

decision.

Your organisations procedures and

policies must include key aspects of
natural justice.

WHAT IS CAUSING THE CONFLICT?

Unresolved problems from

the past

Unresolved problems from the past

can often make it very difficult for
managers to distinguish between:

demands: what an individual or

group wants, and

interests: why an individual or

group are making these demands.

For example, an employee may

complain that their manager has an
aggressive style of management.
They might demand to be moved to
another team. However, why does
the employee really want to leave? Is
it the managers management style
or do they have other reasons?
Over the years the employee may
have been turned down for various
training opportunities. They might
blame their manager for their lack of
career progression.
The deep-rooted causes of conflict
can often be linked to a desire by
individuals or teams to get back at
each other for past grievances.

10

MANAGING CONFLICT AT WORK

Increase in workload

Sometimes conflict is caused

because people feel they are being
pushed too hard and something has
to give. An increase in workload is
not the only change that can make
employees view the organisation
more critically. Other triggers may
be new:

products
organisational targets
appraisal systems
pay systems.
Change can make employees feel
vulnerable and uncertain. They may
be worried that their roles and
responsibilities will change or that
their career prospects will suffer.
Employers who fail to consult their
employees about future changes can
cause them to feel alienated and
more likely to raise grievances.

How do you manage

conflict?

Develop a strategy

Develop a strategy for managing

conflict in consultation with
managers, employees and your
representatives. This should cover:

How you will prevent conflict

based on sound policies and

procedures, good communication
and consultation, the role of line
managers and the training and
development you will give them.

When a dispute may be referred

to a higher authority.
Occasionally, to prevent a
damaging dispute lingering on you
may wish to refer to a higher
authority such as an arbitrator or
even a court of law. This may
create winners and losers and
your strategy should cover what
you will do subsequently to repair
any harm done to relationships.

How you will manage conflict

Managing conflict between

individuals

procedures for handling

individual grievances and
conflict with groups of
employees

1. Have a quiet word

In many disputes between individuals
(see the chart individual conflict
overleaf) there is a clear transition
from an informal to a formal stage in
the conflict.

including:

when you will and will not

intervene (problems sometimes
sort themselves out and can be
made worse by intervening
when it is not necessary)

the role of working groups and

consultative committees.

When and how you will seek

outside help for example using

mediation or conciliation where it
is impossible for parties to gain
agreement on their own.

The informal stage often involves

simply talking, and listening, to
employees. Giving people the time
and space to express their feelings
and concerns can often help to clear
the air.
Employees also need to know:

who they can go to if they have a

problem at work

that their concerns will be taken

seriously.

HOW DO YOU MANAGE CONFLICT?

11

12

MANAGING CONFLICT AT WORK

It helps if there is a culture that

encourages employees to express
their opinions.
2. Investigate informally
Dont make quick decisions based on
a gut feeling about what is going on.
Take the time to talk to colleagues
and gather any relevant information
about those involved. For example,
you may need to talk to personnel
about an employees absence
record. Or a colleague or supervisor
may be aware of any personal
problems affecting an employees
performance.

Also, be clear about your role in

resolving the conflict and what you
hope to achieve. Most people involved
in conflict will have their own ideas
about what they would like to
happen, but what would be a
reasonable outcome for everyone?
3. Use your internal procedures
If an employee makes an official
grievance to a manager then the
conflict has moved towards a more
formal stage.

Checklist

If this happens you need to be able

to fall back on company procedures
for dealing with grievances as well
as issues like bullying, absence, and
misconduct.

3 have clear discipline,

grievance and dispute
procedures for dealing with
conflict

If you currently have procedures in

place then review them to make sure
they are up-to-date. They should be
regularly communicated to staff,
discussed at team meetings and
individual appraisals, where
appropriate, and included in
induction and training programmes.

You need to :
3 train managers to handle
difficult conversations with
employees

3 consider outside help

where necessary
3 encourage open expression
of opinions
3 recognise the importance of
feelings
3 listen to what people have
to say
3 focus on interests not
positions and personalities.

Why not include mediation as a

stage in your internal procedures?
Mediation can be used at any stage
during conflict by managers within
your organisation or from outside.
See p21 for more details.
4. Upgrade your skills
Having one-to-one conversations
with employees and managers
requires a great deal of sensitivity
and empathy. You need to:
HOW DO YOU MANAGE CONFLICT?

13

 listen to what employees say and

try and pick up on any underlying
causes of unhappiness or stress

question employees in a

measured and calm way, putting

them at ease and giving them the
chance to speak freely

reframe whats been said so that

problems can be seen in a
different light

build teams by making

connections between the interests

of the individual and that of the
team or company

lead by example and set the right

tone for the way people
communicate with each other

respect diversity and put in place

an equality policy (see the Acas
guide Delivering equality and
diversity).

Training can help you to review your

skills. You should also keep up-todate with the latest changes in
employment law. Acas runs training
sessions on a wide range of
issues including absence, stress
and equality (for more details
visit www.acas.org.uk/training).

14

MANAGING CONFLICT AT WORK

5. Consider getting help

Managing conflict between
employees is often about
understanding the perceptions one
person has of the other.
Perception is the process of
interpreting the information that we
gather about other people through
listening, talking, observing and
general interaction.
Dealing with these perceptions can
sometimes test a managers people
management skills to the limit. You
may need special training or the
skills of an outside party to
successfully manage conflict (see
p20 for more details).
A skilled mediator could help you
deal with some of the complex interpersonal problems often associated
with managing conflict. Because they
are not emotionally involved in the
problem they can often take an
objective, unbiased approach to
whats happening in your
organisation.

Perceptions can be made up of:

first impressions
specific high impact incidents
other peoples opinions
rumours or gossip
associations (for example, a
colleague may look or behave
like a friend youve just fallen
out with).

HOW DO YOU MANAGE CONFLICT?

15

Managing conflict between

groups
1. Improve the way you
communicate and consult with
employees
To successfully manage any group
conflict you will have to make some
difficult decisions about issues like
pay, working practices and
organisational rules and procedures.
To help you make these decisions
you should get the views of your
employees (see the chart on group
conflict on p15).

Checklist

You need to:

3 Ensure that communication
between managers and team
leaders, employee
representatives or unions is
timely, relevant and concise
3 Check your systems for
consulting with employees
complies with the law
3 Use dispute resolution
procedures for dealing with
conflict where necessary
3 Promote joint decision-
making
3 Use a problem-solving cycle
to help identify your options.
Start by reviewing the way that:
information is communicated to
employees

employees are consulted before

decisions are made.

16

MANAGING CONFLICT AT WORK

You are legally obliged to consult

with employees or employee
representatives on the following
subjects:

health and safety

redundancies
business transfers
works councils
occupational pensions.
For more information see the Acas
guide Employee communications
and consultation at www.acas.org.uk/
publications or contact the Acas
Helpline 0300 123 11 00 (Open
Monday to Friday 8am-8pm and
Saturday 9am-1pm).
2. Form representative structures
You may not have the opportunity to
talk to every employee individually.
This is why employee representatives
can play such a vital role.
They can act as useful sounding
boards keeping you in touch with
the feelings and opinions of your
employees. Many organisations have
established representative systems
for dealing with the kind of issues
such as pay or redundancies that
often cause potential conflict. These
include:

working groups set up to consider

particular issues such as absence
levels, working patterns or the
introduction of new technology

 permanent consultative groups,

often called staff councils or

consultative committees to
regularly look at issues such as
company prospects, new products,
staffing levels and training

collective bargaining where

employers negotiate terms and

conditions of employment with
trade union representatives.

contact the Acas Helpline 0300 123

11 00 (Open Monday to Friday
8am-8pm and Saturday 9am-1pm).
3. Use problem-solving cycles
Problem-solving models are practical
tools to help you to work with
colleagues in a systematic way. They
give you:

time to gather your thoughts and

collect data

For further information see the Acas

guide Representation at work at
www.acas.org.uk/publications or

a plan of action
the chance to consider all the

options open to you.

1. Name
the problems
and set
goals
2. Analyse
the problem

8. Evaluate
the plan

7. Create
action plan

Problem
resolved

6. Analyse
solutions

3. Collect
data

4. Analyse
the data
5. Search
for solutions

HOW DO YOU MANAGE CONFLICT?

17

Sit down and describe the conflict in

your workplace. This will help you to
analyse the problem and to identify
any gaps in your knowledge or
understanding of the problem. You
will also learn to separate peoples
positions (what they want) from
their interests (why they want
something). Ongoing evaluation of
your solutions is also part of every
effective action plan.
4. Use dispute resolution procedures
Sometimes disputes cannot be
resolved by consultation through
joint working groups. Many
employers have written agreements
with their recognised trade unions
which cover how they will resolve
disputes that begin to escalate. A
general negotiating agreement will
usually cover:

scope: who is covered by the

agreement and who has
bargaining rights

general principles: for example,

the desire of management and

unions to work towards shared
interests, such as the prosperity of
the business and working together
to manage change

subjects for discussion: these

might include changes in wages or

other terms and conditions

stages for resolving a dispute: for

example, at the initial stage a line
manager might meet with a local
union representative, but if the
dispute escalates senior
management may meet with fulltime union officials

How much do you involve your employees?

If you say:

Its called:

This is what Ive done

Briefing

This is what Ive done/want to do

what do you think?

Communication

What are the options and which one do Consultation

you think we should take?
Lets get together to discuss the
problem and see if we can agree what
we ought to do

Joint problem-solving

Can we reach a deal on what to do?

Negotiation

This is the problem you decide what

to do

Empowerment

Training can help managers and employee representatives understand

when and how to use each form of employee involvement.
18

MANAGING CONFLICT AT WORK

 third party involvement: if the

dispute cannot be resolved

through negotiation, unions and
management might agree to
approach Acas to resolve the
dispute using conciliation. For
more information contact the Acas
helpline 0300 123 11 00. (Open
Monday to Friday 8am-8pm and
Saturday 9am-1pm).

However, if your management style

is based more on briefing employees
about the decisions you have already
made you might need help with how
best to involve employees (see How
much do you involve your
employees? on p18).

The advantage of having a dispute

procedure is that it helps to manage
what can be very confrontational
situations getting everyone involved
to focus on negotiating agreement.

5. Consider outside help

It is not always easy to ask for help.
You might prefer to keep your
problems in-house and not share
them with someone outside.
You may also have concerns about
the impact a third party will have on
your workplace. For example, will
you still be the one making the
decisions? Or will asking for help be
seen as a sign of weak management?
If you already work closely with
employees in representative groups
then you will be used to making joint
decisions to resolve problems.

HOW DO YOU MANAGE CONFLICT?

19

Do you need

help?

If the answer is yes, act quickly.

The sooner you ask for help:

the more options you have for

resolving the problem

the better chance you have of

maintaining relationships that may

have been damaged by conflict.

First, decide what kind of help you

want. Do you need someone to:

work with you to find your own

solutions?

advise you how to resolve the

problem?

tell you what to do?

The table (p23) explains how the
different forms of dispute resolution
work.

20

MANAGING CONFLICT AT WORK

Conciliation

Conciliation involves an independent,

impartial person helping two or more
people in dispute resolve the
difference between them. It is the
same as mediation, but when the
process takes place against the
background of an actual or potential
claim to an employment tribunal, we
refer to it as Conciliation.
Conciliation can save time, money
and stress and promote a quick
solution which suits the employer
and employee and may help them
avoid a permanent breakdown in
their relationship.
If you are (or expect to be) affected
by such an issue, see Appendix 2
Important Changes to Making
Employment Tribunal Claims
For more information contact the
Acas helpline 0300 123 11 00.
(Open Monday to Friday 8am-8pm
and Saturday 9am-1pm).

Acas conciliation is:

voluntary you only take part if

you want to and you can stop at

any time

free there is no charge for our

service

impartial we wont take sides or

judge who is right or wrong

independent we are not part of

the Employment Tribunal Service.

Conciliation does not delay the
tribunal process. What you say
during conciliation cant be used
as evidence against you at a
tribunal hearing

confidential nothing you tell us

will be passed on to anyone else
unless you want it to be.

A similar process is used in disputes

between unions and employers.
Talks between unions and employers
are held face-to-face, although not
necessarily always with the parties in
the same room at the same time,
and can sometimes last several
days. This is known as collective
conciliation and can involve:

sorting out the issues

finding common ground between
the two sides

giving people the space to calm

down and see the problems from

the other side too (sometimes this
means taking the dispute out of
the media spotlight)

having meetings with each side

separately and together to discuss

and explore the issues, then start
negotiating a solution

repairing relationships and building

up trust.

Mediation (where no claim to

an employment tribunal is
likely or has been made)

Mediation is the most common form

of conflict resolution. It involves an
independent, impartial person
helping two individuals or groups
reach a solution that is acceptable to
everyone.
Mediation is not prescriptive. It helps
the parties involved to make
progress in resolving their
differences. It does not make
judgments or determine outcomes.
How does mediation work?
A mediator will often meet the parties
in dispute separately, perhaps
several times, and then together.
They may use appropriate
techniques to help determine the
underlying causes of the problem

DO YOU NEED HELP?

21

for example, using workshops can

help groups to agree on their
common concerns.

A mediator will:

3 be seen as impartial and

independent
3 come without any emotional
or political baggage
3 develop new ideas based on
their experience
3 use tried and tested
techniques for getting people
talking and listening and
reaching compromises
3 protect and sustain the
ongoing relationships at work.
If you talk to a mediator you may:

agree some ground rules about

how everyone will behave in a

face-to-face meeting. However,
you will not be forced to meet the
other person or group in the
dispute

discuss whether you need a

representative (although, in
individual conflict, it is often best
for those involved to express their
feelings personally)

be reminded that although the

decisions reached are not legally

binding you will normally agree to
stick to any joint agreement.

22

MANAGING CONFLICT AT WORK

Part of the mediators job is to

explore the perceptions each
individual or group has of the conflict
getting behind the emotion and
focusing on the key issues and
concerns.
As well as using an Acas mediator,
you could also consider having some
of your own staff trained to provide
mediation in disputes which arise
within your organisation. Acas offers
an accredited Certificate in Internal
Workplace Mediation (CIWM), further
details of which can be found at
www.acas.org.uk/ciwm.

A mediator will not:

7 counsel or offer any kind of

therapy. A mediator will try to
change the behaviour of
individuals or groups in a
specific work setting. A
therapist or counsellor takes
a deeper look at the whole
personality
7 defend legal rights. A
mediator will not assist an
individual or group of
employees who wish to assert
an employment right such as
the right to consultation or
protection from discrimination
7 focus too much on the history
of a dispute; the emphasis is
very much on looking to a
positive future.

Arbitration

You could agree for your dispute to

be settled by an independent person
who examines everyones point of
view and issues a binding decision.
This is known as arbitration.

have a complaint under the flexible

working regulations, the complaint
can be heard by an independent
arbitrator appointed by Acas, if that
is what both sides want. For more
details of the Acas Arbitration
Scheme visit www.acas.org.uk.

If an employee believes they have

been unfairly dismissed, or that they
Type of
help:

Mutually Recomm- Legally

Key
agreed
endations binding
features
solutions? made by decisions?
expert?

Mediation
(sometimes
referred to
as collective
conciliation
when used
with groups of
employees)

(Not
usually,
but parties
can ask
for them)

helps to maintain ongoing

working relationships
develops problem-solving
skills
tackles conflict early.

simpler, faster alternative

to tribunal hearing
only available for cases
involving unfair dismissal
or flexible working.

success rate of Acas

service: 70% cases
settled or withdrawn
before cases get to a
tribunal hearing (If you are,
or expect to be, affected
by such an issue, see
Appendix 2 which outlines
important changes to
making a tribunal claim.)
often conducted on the
phone: parties may not
talk to each other.

Arbitration

Individual
conciliation

DO YOU NEED HELP?

23

How can you prevent

future conflict?
You can learn a great deal from
conflict. Here are some of the
common action points that many
employers need to address during or
after periods of individual and group
conflict:

treat fairly check the law on

discrimination and the
meaning of harassment

1. Put the systems and procedures

in place:
establish formal procedures
for dispute resolution, grievances
and disciplinary issues

encourage initiative think

explain plans link individual

balance personal and

performance targets to the

overall business plans so
everyone feels involved

listen consultation is the key

to involving employees in
decision-making

reward fairly pay is seldom

far from peoples minds
work safely think about use

of computers, smoking, stress

and drugs as well as noise,
dust and chemicals.

24

2. Develop relationships:
value employees how would
most employees describe the
culture within the organisation?

MANAGING CONFLICT AT WORK

about job design and

developing individuals

business needs could

flexible working patterns help
to improve the work-life
balance of employees and the
effectiveness of the business?

develop new skills is it worth

thinking about Investors in
People (IIP) to promote
training and communication?

3. Work together:
build trust between employee
representatives and
management do relationships
add value to the organisation
by working effectively to
respond to change?

Keeping up-to-date

Acas can also help you to keep

up-to-date with changes in the law
and give you practical advice on how
to manage change. Acas runs
training events on a wide range of
subjects, including:

handling grievances
managing absence
informing and consulting staff
equality and diversity
age discrimination.
For more information visit
www.acas.org.uk or contact the
Acas Customers Services Team on
0300 123 11 50.

HOW CAN YOU PREVENT FUTURE CONFLICT?

25

Appendix 1:
Scenario 1:

Scenarios

What happened?
Two colleagues get on with each
other and work well together.
Suddenly you notice relations seem
frosty and work is starting to suffer.
Their relationship is also beginning to
affect the morale and efficiency of
the team in which they work.
What do you do?
The employees line manager talks to
each of them in private.
It turns out that one member of the
team had suffered a family
bereavement which he has not told
his colleagues about. One colleague
had made a tasteless joke about the
illness that the family member had
died from.
The outcome?
After further discussion the worker
who suffered the bereavement
agrees to explain to his colleague
why he is upset. His colleague
apologises profusely and this seems
to help repair relations and the team
begins to function effectively again.

26

MANAGING CONFLICT AT WORK

Scenario 2:
What happened?
A reliable, diligent employee comes
to see you.
She is not happy with the way you
treat her. She feels you favour male
employees when allocating the most
interesting tasks.
What do you do?
You give the employee the chance to
express her concerns. She feels
excluded because:

she does not have the same

sporting interests as her male

colleagues

the various tasks are discussed at

social events she doesnt attend

for example watching football
matches in a local pub.

You accept that she has a point and

agree that work tasks will only be
discussed when everyone is present.
You set up weekly team meetings to
discuss the allocation of projects.

The outcome?
The team meetings are a success
and the employee is happy with her
new projects. However, some of her
male colleagues are now
complaining that she is not joining in
with the rest of the team. You decide
that you need some outside help.
How do you get help?
You find the contact details of local
mediators. You want someone with
a professional reputation who will be
trusted by managers and employees
so you choose Acas.
You talk to the mediator about the
problem within the team. You
consider the possible options and
decide you would like to be trained
to mediate in conflict yourself.
The mediator trains you in:

communication skills
problem-solving skills
awareness of team dynamics.
You also review your knowledge of
employment law.
The outcome?
You get the team working in small
groups on specific problems
including team building, job design
and working environment.

You decide to take a more active

role in motivating and coaching the
team through agreed changes and
action plans.

Scenario 3:
What happened?
You receive complaints from the
sales team that the deadline for
making expenses claims is
unreasonable and some people
manage to jump the queue. One
sales manager boasts that his claims
get paid despite handing them in
late. It is known that he has a friend
in accounts and colleagues suspect
his claims are put to the top of the
pile.
This month two members of the
sales team have missed the deadline
by just a day. They do not get the
money in their monthly salary and
complain to you.

What do you do?

You meet the managers of the sales
and accounts teams and discover
there are lots of simmering
resentments between the two teams.
The sales team feel accounts dont
understand what its like getting
work out in the real world.
The accounts team feel they are
taken for granted and treated like
errand boys.

APPENDIX: SCENARIOS

27

You arrange for the teams to meet

with a trained mediator from within
the firm to focus on their real
interests.
The outcome?
The mediator helps the teams to air
their grievances in a controlled
environment and suggest solutions.
They identify that there is scope for
deadlines to be extended as long as
the sales team agree that there is no
possibility of processing late claims
until the following month.

What do you do?

You talk to some of your managers
and staff and set up a working group
to involve employees (including TU
representatives) in the introduction of
new workplace practices.
At the first meeting you discover that
employees are anxious about:

the lack of training to operate the

new machinery

possible changes to their job

description.

Further joint meetings are agreed at

which staff from both teams will give
short presentations of the work they
do and the pressures they are under.
These meetings will also be used to
monitor the progress of the new
arrangements and discuss the
possibility of a joint social event.

Scenario 4:
What happened?
A trade union representative comes
to see you. She tells you that many
of your employees are unhappy with
the way you have been consulting
them about the introduction of new
technology.

28

MANAGING CONFLICT AT WORK

You decide to set up a training

programme and to ask the working
group to help update your
communication and consultation
procedures.
The outcome?
The working group is effective but
brings to light new concerns about
staffing levels. The working group
continues to meet until these issues
have been addressed. You agree a
date to review the effectiveness of
the new communication and
consultation arrangements.

Important changes
to making Employment
Tribunal claims

Appendix 2:

Previously, an employee could go straight to the tribunal service, but this will
change. From 6 April 2014, ifan employee is considering making an
Employment Tribunal claim against their employer, they should notify Acas
that they intend to submit a claim.
Details of how and where to do this are given below.
Acas will, in most circumstances, offer to assist in settling differences
between employee and employer. Employers intending to make a counterclaim against an employee must follow a similar procedure.
The process for agreeing settlement is called Early Conciliation. It is handled
by experienced Acas conciliators and support officers andis:

free of charge

impartial and non-judgmental

confidential

independent of the Employment Tribunal service

offered in addition to existing conciliation services.

Early Conciliation focuses on resolving matters on terms that employee and

employer agree.
Early Conciliation may not resolve matters in every claim. When this is the
case Acas will issue a certificate that is now required for a claim to
besubmitted to an Employment Tribunal.

ACAS PUBLICATIONS

29

From July 2013, employees have been required to pay a fee to lodge a
claim at the Employment Tribunal, followed by another fee if the claim
progresses to a tribunal hearing. Insome cases, other fees may also apply. If
a claim is successful, the employee may apply for the costs ofthe fees to be
covered by the employer. Some employees, including those on low incomes,
maybe exempt from fees.
Remember, when a claim is lodged with a tribunal, Acas will continue to offer
conciliation to both sides until the tribunal makes a judgment and, ifthe claim
is successful, a remedy decision (usually financial compensation) has been
made.
To find out more about EarlyConciliation, go to
www.acas.org.uk/earlyconciliation
To find out more about EmploymentTribunal fees, go to www.justice.gov.uk/
tribunals/employment

30

MANAGING CONFLICT AT WORK

Information in this booklet has been revised up to the date of the last
reprint see date below. For more up-to-date information go to the
Acas website www.acas.org.uk.
Legal information is provided for guidance only and should not be
regarded as an authoritative statement of the law, which can only be
made by reference to the particular circumstances which apply.
It may, therefore, be wise to seek legal advice.
Acas aims to improve organisations and working life through better
employment relations. We provide up-to-date information, independent
advice, high quality training and we work with employers and
employees to solve problems and improve performance.
We are an independent, publicly-funded organisation and many of our
services are free.
June 2014

Acas offices:
National

Scotland

East Midlands

South

East

East of England

South West

London

Wales

London

Glasgow

Nottingham

Fleet, Hampshire

Bury St Edmunds, Suffolk

Bristol

Cardiff

North East

Newcastle upon Tyne

West Midlands
Birmingham

North West

Yorkshire and Humber

Manchester

Leeds

North West
Liverpool

Helpline

0300 123 11 00

18001 0300 123 11 00

Acas Helpline Text Relay
To view a full list of Acas publications
go to www.acas.org.uk/publications

0300 123 11 50
Acas Customer Services Team who
can provide details of services and
training in your area or visit
www.acas.org.uk/training
0300 123 11 00
for questions on managing
equality in the workplace

Ref: B19

www.acas.org.uk
06/14