Nov 18 - Local CIPD Branch Cautiously Welcomes Changes To Employment Tribunals
The Gibraltar branch of the Chartered Institute of Personnel and Development, made up of HR professionals from around 70 local companies, has given a cautious welcome to the new legislative changes to the Employment Tribunal.
“We do have concerns that compulsory mediation is not being offered until a claim has already been filed with the tribunal and that the mediators who will carry out this service are themselves members of the tribunal committee. A crucial tenet of mediation is the involvement of an independent and impartial person”, commented a branch spokesperson.
As Human Resources is the go-to department for helping to resolve workplace disputes in the first instance, the Gibraltar branch members have significant experience in the field, though were not one of the bodies consulted by those reviewing the legislation.
“For a number of years now, we have been promoting mediation skills as a means of alternative dispute resolution and early conciliation. We welcome the fact that compulsory mediation has been introduced, but feel this consideration should be given to offering this in the early stages of the dispute. In recent years, a number of our branch members have become qualified mediators and we understand have offered their services to assist with the new compulsory service but have not yet received a response.”
Mediation is a completely voluntary and confidential form of alternative dispute resolution. It involves an independent, impartial person helping two or more individuals or groups reach a solution that's acceptable to everyone. The mediator can talk to both sides separately or together.
Mediators do not make judgments or determine outcomes - they ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute.
The overriding aim of workplace mediation is to restore and maintain the employment relationship wherever possible. This means the focus is on working together to go forward, not determining who was right or wrong in the past.
Many kinds of dispute can be mediated if those involved want to find a way forward. It can be used at any stage in a dispute but is most effective before positions become entrenched.
The local CIPD branch feels that local employers could avoid the escalation of many workplace disputes, if such techniques were used more frequently and has been actively promoting alternative dispute resolution through its 2014 conference with ACAS (“Working towards Workplace Resolution”) and various training events focusing on this topic.
For further details on local branch events, please contact This email address is being protected from spambots. You need JavaScript enabled to view it..
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