A thematic analysis of 5 case studies on workplace dispute resolution and the management of individual conflict

1. 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 Lancashire
Team – 6 :
Benitta Edwin
Deepika M.
Kishore M.S.
Mathanki V.
Meenakshi S.
Sakthi Narayanan
Santhosh Raj
Ragunanthan
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2. 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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3. 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– Withdrawn from conflict management.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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4. 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.
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5. 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.

6. Research Methodology
Samples:
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7. 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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8. 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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9. 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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10. 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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11. 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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12. 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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13. Ctnd...
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14. 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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15. Ctnd...
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16. 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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17. 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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18. 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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19. 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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20. 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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21. 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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22. 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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23. 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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24. 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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25. 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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26. 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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27. 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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28. • 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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29. 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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30. 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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31. 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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32. 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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33. 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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34. • 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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35. • 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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36. 3/15/2016 © Team 6 of OB II 36

37. THANK YOU 
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