Case Study 4 - Preventing an Employment Tribunal

Peaceworks were approached by a solicitor on behalf of a client facing the threat of an employment tribunal with one of its employees. The client was a manufacturing company in the Midlands serving the motor industry, supplying parts to a major car manufacturer. This company had never heard of mediation nor the benefits it might yield to what was a very difficult staffing issue, with possible repercussions for business relationships with existing and future clients.

The employee had worked on a specific project which had not gone well. The employee felt that he had not been supported with the right information to successfully complete the project, whilst the company's board felt that he had not managed the project well. The employee had initiated a grievance procedure, but had rejected the outcome of the grievance procedure and subsequently had consulted employment lawyers to prepare for an Employment Tribunal.

In discussing mediation, the two senior directors recognised that Peaceworks could help through mediation in providing an effective solution to the impasse they faced. In learning that the process was voluntary, confidential and a fraction of the cost of courts and tribunals they decided to appoint Peaceworks to mediate, and requested Peaceworks contact their employee. He also agreed to participate with the mediation process.

A preliminary and brief telephone conversation prepared both parties for the mediation and then over one day a careful managed Peaceworks process was deployed.

The employee was naturally reticent about the chances of success, and anxious as to the impartiality of the process. However, over a series of meetings throughout the day, the parties were able to find a settlement that was agreeable to all, which was signed by both parties and became their personal agreement.

The company fulfilled the terms of that agreement in settlement with their employee, as he did with regard to his agreements. The whole process was concluded in a day and the final agreement signed and implemented within a further seven days. The process and the agreement were confidential and no-one either inside or outside the company was aware of the mediation case. Both the employee and the company saved on the legal costs and stresses related to the long drawn out Employment Tribunal process.

The company are now interested in how Peaceworks might add further value through some internal staff training in the future.