Resolving labour conflict

Abstract

This chapter explains employment relations procedures, particularly those used to resolve labour conflict and employment disputes. It starts with arrangements for resolving collective disputes arising between trade unions and employers. It considers the process of negotiation as well as the part played by external, third-party arrangements for collective dispute resolution, including the Advisory, Conciliation, and Arbitration Service (ACAS). The chapter next switches to procedures for handling disputes that arise when individual employees have complaints about their treatment, are alleged to have breached organizational rules in some way, or have their performance deemed substandard—namely grievance and disciplinary procedures. There is growing interest in ‘alternative’ methods of dispute resolution, such as mediation. Finally, the chapter looks at the role of the state in resolving employment disputes and enforcing rights at work. There is a particular emphasis on the system of employment tribunals (ETs): quasi-judicial bodies that adjudicate in employment disputes in the UK. Given that a major problem with the tribunal system is its failure to make sure that people's employment rights and protections are upheld, there is growing interest in other, perhaps more effective means of enforcing them.