Disputes can arise in various ways. Most commonly they arise in relation to pay, dismissal and discrimination.
It is very important to establish a procedure for complaints and discipline in the workplace. It should be made very clear to employees how they report a problem they are facing in the workplace. If an employee has a problem, for example, in relation to discrimination, they should be able to report this problem through the correct pathway and receive attention so that it can be resolved.
Similarly, if an employee is causing a problem (relating to misconduct, for example) there should be a procedure for how the employer will address it. An employer might choose to outline a system of warnings, and schedule meetings with the employee to discuss how to resolve any misconduct. This ensures that the employee has a chance to correct their behaviour if possible, and reduces the chance of them making an unfair dismissal claim if their employment contract is terminated by the employer.
The Advisory, Conciliation and Arbitration Service ('Acas') has published a Code of Practice on Disciplinary and Grievance Procedures. It recommends procedures for the employer to follow when dismissing an employee for misconduct. For example, it recommends that employees provide staff with examples of misconduct in their employment contracts or staff handbooks. Access it here.
If someone wants to make a claim against an employer, the employer will be contacted by Acas. Acas will offer to work together with the employer and the employee (or whoever is making the claim) in order to try and find a solution that works for both parties, without the need to go to a tribunal.
If a dispute arises and it cannot be dealt with through Acas, this could lead to the employer being taken to an employment tribunal – a special type of court which hears disputes relating to employment. Job applicants and trade unions can also take an employer to a tribunal.
If an employee wins a legal battle against an employer, they may be awarded various things. Most commonly an employee is looking for compensation. In certain circumstances, for example, if the employee is making a claim for unfair dismissal, the employer may have to re-employ them or employ them in a different role.