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Workplace dispute resolution and the management of individual

conflict – a thematic analysis of 5 case studies

Richard Saundry – Plymouth Graduate School of Management, Plymouth University

Gemma Wibberley – iROWE, University of Central LancashireTeam – 6 :

Benitta EdwinDeepika M.

Kishore M.S.Mathanki V.

Meenakshi S. Sakthi Narayanan

Santhosh RajRagunanthan

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Alternative Hypotheses• Certain key factors shape informal processes of dispute

resolution.• Line managers face challenges in addressing and resolving

workplace conflict.• The nature of HR function is changing and HR practitioners

play role in handling disputes and management of conflict.• Employee voice has effect on dispute resolution processes

and the management of conflict.• Innovative approaches to the management of conflict,

such as workplace mediation have considerable effectiveness and sustainability.

• Policy and practice implied have effect on dispute resolution and conflict management.

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Introduction• Rise in volume of Employment tribunal applications

– Contemporary employment relations in UK.– Increasing sclerotic system of dispute resolution.

• Largely dominated by employers’ concern– Cost of management and impact on organisational performance.

• Government follows Gibbons review (2007)– Reduce regulation, flexible informal approach.– ADR

• Pre-claim reconciliation.• Workplace mediation.

• HR Functions– Withdrawn from conflict management.– Provide expert advice to line managers.– Centralized business partner models.

• Removes HR practitioners from the work place.

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Ctnd...• CIPD, 2008:8

– “Managers are neither willing nor capable of taking this on effectively.”

• Government (BIS, 2011a:17)– “Many more problems could be prevented from

escalating into disputes if line managers were better able to manage conflict”

• Uptake and application of workplace mediation has been patchy.– Need for further exploration.

LITERATURE REVIEW•Antcliff, V. and Saundry R (2009) ‘Accompaniment, Workplace Representation and Disciplinary Outcomes in British Workplaces – Just a Formality?,British Journal of Industrial Relations, 47:1, 100-121. •Arrowsmith, J. (2010) ‘Industrial relations in the private sector,’ in D. Colling and M. Terry (eds), Industrial Relations: theory and practice, Oxford: Wiley-Blackwell, 178–206. •Batstone, E., Boraston, I. And Frenkel, S. (1977) Shop Stewards in Action: The Organisation of Workplace Conflict and Accommodation, Oxford: Blackwell. •Caldwell, R. (2003). ‘The Changing Roles of Personnel Managers: Old Ambiguities, New Uncertainties’, Journal of Management Studies, 40:4, 983-1004. •Colling, T. (2004) ‘No Claim, No Pain? The Privatization of Dispute Resolution in Britain’,Economic and Industrial Democracy, 25:4, 555-579.

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Research MethodologySamples:

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Sampling

• Similar research questions were addressed for cross comparison.

• Unbiased with difference in properties including sector, nature of employee representation, etc.

A,C,D B,E

Innovative approaches involving introduction of conflict management

Lack of extant evidence

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Research elements• Examination of policy documentations.• In depth interviews.• Exploration of available statistical data

regarding employment, demographics, etc.Breakdown Numbers

Interviews 104 hrs.

HR practitioners 53

Line and operational managers 66

Employee representatives 17

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Results and discussions• Discipline, Grievance and the application of

procedure.• The changing nature of conflict management –

A crisis of confidence.• Employee representation and Voice.• Innovation in conflict management – The

promise of mediation?

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Discipline, Grievance and the application of procedure

Disciplinary action – Control, Composition and representation

• High competitive market, closely controlled work processes, young and mobile workforce– High level of disciplinary action.

• Public sector, autonomy, job security and access to representation– Disciplinary action is likely to be low.

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Factors influenced in shaping the disciplinary profile of workplaces in the sample:

• The disciplinary issues were likely to be found among younger (and also male) workers, From interview data.

• The presence of trade union or employee representatives made disciplinary action less likely, as per evidence.

• Decisions on misconduct and capability were inevitably shaped by the ethos of organisations.

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Employee grievances – voice, (dis)engagement and (mis)trust

• High competitive market, closely controlled work processes, young and mobile workforce– Low level of grievances.

• Public sector, autonomy, job security and access to representation– High level of grievances.

• Same issues shaped grievances profile, with different results.• Factors the limits disciplinary action tended to encourage

grievances.

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Ctnd...

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Procedure and process – managing grievance and discipline

• The written procedures did little to help to resolve the disputes.

• But managers still relied on them.• Although outcomes were unsatisfactory, procedures

remained important in deterring unfair treatment.

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Ctnd...

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Application for procedure – room for resolution?

• Disciplinary and grievances procedures were essentially linear with an ‘informal stage’.

• Informal discussions often shadow the procedure.

• Informal discussions are dependent on presence of representatives and high trust.

• Lack of trust lead antagonism to develop, which an operational manager of organisation E referred to as ‘grievance cultures’.

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Changing nature of conflict management-A crisis of confidence

• Conflict between HR mangers and line operators.

• Traditional HR professionals were tasked with negotiable informal resolutions and providing solutions.

• Line mangers will be in lack of capability and confidence.

• The implications of changes to HR function and how line and operational managers to cope with the conflict handling process.

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Conflict mangers to expert advisor

Line managers –First point of contact to employee and then pass over to HR.

HR mangers - Varies to organizations site-based HR managers to a telephone-based employee

relations. Operational mangers-Deal as they worked at the point of conflict and

knew the staff within which they are employed.

Most of the organisations, the HR function had been significantly rationalized.

So HR involve only on complex cases such as senior management staff and sometimes coaches the inexperienced mangers.

Conflict between the mangers can be solved by the guidance of HR.

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Line and operational managers – nipping issues in the bud?

Emerging conflict had responsibility for the application of procedure and decision-making for operational mangers.

It can be achieved through maintaining regular communication with staff. Informal contact was backed up to some extent by formal performance

management mechanisms by performing monthly one-to-one meetings with their line managers.

It provides a place in which employees and managers could raise and try to resolve concerns.

A question of confidence?

Line managers lacked the confidence or the capability to hold difficult conversations with their staff.

Concerns over issues of conduct or capability with members. Since mangers maintain a closely relationship with employees it tempt to

misconduct or misbehavior.

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Litigation and risk-averse approaches to conflict• Threat of employment tribunal action when senior manager in a

private services organization and line managers feared that they would be held responsible.

• It contributes the managers to take a more risk-averse route and clinging to procedure to avoid decisions.

• Create a culture of fear around the management of conflict.

• Fear factor-lack of experience and deepen low-trust relations .

• Managers, might see the policy not as HR advisors but they brought to their attention. So procedurally had quite a lot of wins.

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The importance of HR Practitioners – building relationships and facilitating resolution HR advice was vital in bolstering the confidence of

themselves and their colleagues. It helps in building managerial capability and giving

managers the confidence to take calculated risks in exploring informal resolutions.

HR practitioners were able to act as a bridge between representatives and operational managers and also to broker resolutions .

It away from the emotion of the situation and sometimes the entrenched attitudes of manager and employees.

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Remote HR – maintaining trusting relationships? Distance between HR function undermines relationships which

underpin informal processes of resolution.

Even though maintain good relationships with senior managers and employee representatives without having a constant physical presence .

Training and capability Line manager confidence and capability, systematically up-skill to

cope with their new responsibilities.

‘classroom training’, ‘soft skills’ related to conflict situations with an emphasis on experiential learning to well updated about the technology.

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Support and strategy Confidence and capability of operational managers, the attitude of

senior managers and the place of conflict management is the strategic objectives of the organization.

Tendency to leave issues as escalate.

SUMMARY

Overall, the lack of confidence and competence among line managers was a major barrier to effective conflict management and the early resolution of disputes.

This reflects a general sense that managing conflict was not a strategic imperative for organizations but a basic, transactional function that all managers were simply expected to be able to perform.

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Employee representation and voice

• Unions play a much more nuanced role in managing the expectations of employees and negotiating with managers to resolve issues or minimize sanctions – “ear to the ground”– Identifying the root causes of conflict could be revealed and

addressed.– ensure that employees properly understood the implications of the

case and the potential consequences for the employee.• Employee representatives could ‘get through’ to an

employee in situations in which the views of managers would carry little weight or authority.

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Importance of Trust• Constructive and trusting relationships between

representatives, HR practitioners and managers were crucial. • Mistrust could lead to adversarial approach to employee

grievances, but with trust even the difficult issues could be easily voiced and discussed.

• Antipathy between managers and representatives could even cause problem of not considering the employees grievance.

• Certain managers or HR practitioners making a concerted effort to engage with employee representatives and establish relationships. Allowing union representatives the time and space in which to explore informal resolution.

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Conflict Resolution And Management Collusion

• There is a danger that this distinction becomes blurred as individual cases become intertwined with wider employment relations and the importance of maintaining high trust relations between representatives and managers. – Exacerbating a problem when it can be dealt early on .

• Informal discussions had little impact on their ability when compared to formal discussions

• Good relations were robust enough to withstand situations and views on particular case– Reciprocity and trust is the key to maintain relationship.

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Direct Voice • Formalised systems of communications in an workplace is

– One to one meeting, appraisal, review meetings• Because of the nature of their relationship, employee is not

able to talk openly to their manager, and left with formal procedure

• In contrast, employee representatives can act on their behalf without any fear of the consequences and provide both a degree of objectivity and breathing space in which a more creative resolution can be explored.

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• Employee Engagement with the organization reduces conflicts.

“set of positive attitudes and behaviours enabling high job performance in tune with the organization’s mission”

• Enhance relations with managers. • Deepen organisational integrity. • Engagement with staff. • Communication/Fewer complaints –”people just keep stuff to

themselves”.• Motivation of staffs.• Staff surveys to discussion forum .• Working groups.

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MEDIATOR

• Advantages of training as mediator and conducting mediation:* Gives confidence to go into a conflict situation* Builds our capability.

• Effects of mediation:* Soft spoken* Less emotional* More of objective approach* Building relationships

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INNOVATION• It is the creative use of mediation.• Provide advice, guidance and influence within their workplaces.

For example, when a person is affected mentally or physically due to a conflict, he/she is suggested to go through the mediation and resolve the problem.

• Reinstatement is another possibility. This will help the individual to trust the organization.

• Someone to play the role of lead steward. A lead steward deals with grievances and discipline within the organisation, if they had an understanding, a trained understanding, of what mediation was, it would enable them to see conflict differently .

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BARRIERS TO WORKPLACE MEDIATION AND INNOVATION

• A barrier between resolving issues in house and not letting the organisation to know about the problem.

• One must be encouraged to experiment, be innovative and creative and look to solutions, but to feel, to only think about the safety of the organisation and the process rather than the person itself.

• Start your mediation training from your family –no matter what the situation is.

• With no experience in mediation, representing and taking up the challenge of managerial decisions will bring threaten the organisation.

• Mediators faced problems in finding time to combine mediation with normal duties.

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SUMMARY• the ability and willingness of organizations to develop

innovative approaches to conflict management has become increasingly important.

• Some organizations had revisions to the Acas Code of Practice had encouraged them to consider ways to promote early and informal resolution.

• Procedural reform was generally focused on improving the efficiency and speed of decision making while innovation was generally limited to the introduction of internal mediation schemes and/or the use of mediation training to develop conflict management expertise and capacity.

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CONCLUSION:

• Management of workplace conflict remains a fundamental policy issue(CBI,2011)

• Reduce regulations encourage more flexible informal approach.

• Aims to resolve dispute before they reach the employee tribunal.

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• The major factor is suggests that changes in the nature of workplace relations and structure of the HR function.

• Manager and employee will able to discussing and seek resolutions

• Two factor calculated risk in dealing with them in informal

manner. line and operational managers take part to deal

with conflict

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• When compare to the above benefits the limitations is the manager has to maintain and authority.

• And also important to analyse conflict efficiently.

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THANK YOU