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Surprising statistics in a recent ACAS report estimated that workplace conflict cost organisations £2.85 billion in 2021. Workplace mediation is becoming increasingly popular as a more efficient, cost-effective alternative to formal legal proceedings.

The Cost of Workplace Conflict

The ACAS report ‘Estimating the costs of workplace conflict’ was published in May 2021. The analysis was provided by Professor Richard Suandry of the University of Sheffield Management School and Professor Peter Urwin of the Centre for Employment Research, University of Westminster. 

The headline statistics were a wake-up call. 

  • The cost of conflict to organisations was estimated at £2.85 billion, averaging out across employees this equates to more than £1,000 each. 
  • Close to 10 million people experienced conflict at work – of those over half suffered stress, anxiety and depression as a result.
  • Just under 900,000 took time off work – nearly half a million resigned and more than 300,000 employees were dismissed.

This analysis was based on 2018-19, impacted by #MeToo and BLM, but pre-COVID, which has further changed the landscape of work and employee expectations, as socio-political aspects of society that impact the workplace. It is anticipated that the cost of living crisis and summer of discontent will also impact more localised conflict.

Workplace Mediation Is Restorative and Cost-Effective

There is a growing demand for a restorative justice approach. This is where workplace mediation is most useful – as an informal and early intervention, with a no blame and win-win approach and ideally before the conflict becomes too entrenched and toxic. 

The role of the mediator in workplace mediation is to provide confidential, impartial and non-judgemental support to all parties. The mediator will foster a safe and constructive environment with open and honest dialogue to explore issues, with an aim to encourage participants to shift away from their adopted positions. The mediator will not direct or provide solutions – they come from the participants themselves, and own the outcomes.

How Does Mediation Work?

Workplace mediation usually takes place over a day, with some pre-planning and information for the participants, so they know what to expect. The individuals that take part must do so willingly, otherwise mediation will not work. 

The individuals involved are helped to articulate what the issue is, and to be heard (each individual has uninterrupted time when they are brought together). It is an opportunity to explore feelings and needs, to share hurt, which is rare in the workplace. Each participant is heard. Everyone engages equitably. 

The mediator will help all parties to generate and evaluate opportunities for future working. An agreement reached at the end can be useful, often just having the facilitated conversation can be enough to become unstuck and gain some movement and clarity.

Mediation can be used as an early intervention and an alternative to formal processes. It can be used part way through a formal process that will be paused, it can also be an outcome from a formal process It should not be used where there is a large imbalance of power, for bullying and harassment cases or where a formal disciplinary or grievance process is required.

Not all conflict is bad, conflict can be creative and help find solutions.

Narrow Quay HR offer a workplace mediation service. Our team of accredited mediators will be expanding in the autumn.  We offer an initial free of charge meeting to explore if mediation would be helpful.

For more information or support, please get in touch with Sarah Carrington in our team today on 07918 451 453.

Home | Conflict

Christ Church College in Oxford has just settled a matter that has run for three and a half years to get its Dean, Very Reverend Martyn Percy, to leave his post. This case highlights the risks of not dealing promptly with workplace disputes.

‘Immoral’ and ‘Scandalous’ Behaviour

The matter started following a dispute in 2017 over Percy’s pay and his efforts to reform the college’s governance including reviewing pay scales and safeguarding policies and him asking for job descriptions of senior academics.

 In 2018 as a result of that dispute he was suspended after being accused of behaviour of an ‘immoral, scandalous or disgraceful nature’, which was the wording of the College’s statutes under which a Dean can be removed.

The College instructed Sir Andrew Smith, a retired high court judge, to chair an internal confidential tribunal on the dispute. After an 11 day hearing behind closed doors in June 2019, Smith dismissed all 27 complaints against Percy and ordered his reinstatement. However, his did not resolve matters.

Sexual Harassment Allegations

In October 2020 the Dean was accused of touching someone’s hair after morning prayers and this allegation of sexual harassment added to the list of outstanding matters.  

Following a mediation, and in return for what was described as ‘a substantial sum’, the allegation of sexual harassment has been settled, and an employment tribunal scheduled for next year will not go ahead. Percy has agreed to leave in April.

This process has been expensive and damaging for the College. Estimates vary but some reports have said that the total costs of the matter, including the settlement, the reimbursement of Percy’s legal costs and cancelled bequests and donations to the College may be approximately £20 million in total. 

In December, Lord Patten, the Chancellor of Oxford University, said the “protracted and ongoing dispute” was damaging the University’s reputation. In 2020, the Charity Commission also said the dispute was “damaging to the reputation of [the College], and affecting its ability to govern itself”.

How Can You Avoid Similar Conflict?  

One of the reasons this happened relates to the complex governance structures of Christ Church, which is both a college and a cathedral. The College is run by a governing body but there is also a small but powerful group of academics known as ‘censors’ who wield significant amounts of power. 

A number of our clients, particularly the older independent schools, have complex governance structures and we have found that those can tend to lead to disputes becoming protracted. This can in turn lead to multiple layers of appeals and having many different voices and views often adds to the length and complexity of matters.

This case is a reminder to review how you manage your employees. You ideally want to aim for a simple, streamlined process. I once attended a disciplinary hearing for a client and thanks to their constitution, the panel was 100 people, as you can imagine that was never going to go well. 

Mediation

The other lesson is the use of mediation, which enabled the Christ Church College situation to eventually be resolved. With hindsight, it may have been more cost effective and less damaging to have had a mediation session at a much earlier stage. That echoes one of the regular themes of our investigations, problems that have been left to fester for a lengthy period rarely get better on their own. Bringing in someone to at least facilitate a conversation can help avoid a lot of problems. 

Our experienced HR consultants, including a qualified mediator, can work with you to help to diffuse conflicts in your workplace. Please get in touch with Simon Martin in our team on 07384 813 076 for more information.