Skip to main content
N I Direct government services

Main navigation

  • Home
  • News
  • Contacts
  • Help
  • Twitter
  • Facebook
  • YouTube
  • RSS

Breadcrumb

  1. Home
  2. Employment, training and careers
  3. Resolving workplace disputes

Workplace disputes

There are a number of ways to sort out problems at work without going to court or an Industrial Tribunal. These include mediation, conciliation and arbitration.

Mediation

Mediation is a process that can help come up with a solution that both sides can accept. An impartial expert known as a 'mediator' talks to both sides separately and may talk to both together if needed. It's usually quicker, almost always less expensive and stressful than taking legal action and often lasts less than a day.

The mediator doesn't just tell you what you should do, but advises on issues, asking questions that help people look at their own behaviour. Mediation is best used early in a dispute and is sometimes used as part of a grievance procedure. Both sides, however, must agree to mediation.

Some companies have their own trained mediators and organisations like the Labour Relations Agency (LRA) offer free professional mediation services. These services are mainly used to:

  • help sort out disagreements between workers, like personality clashes
  • resolve problems between you and your employer
  • hear appeals against disciplinary action, often in smaller companies

If you go ahead with mediation it's best to be prepared by writing down the problem, the history and possible outcomes that you would find acceptable. Agreements reached through mediation aren't legally binding unless this is agreed in advance.

  • Disciplinary procedures
  • Mediation

Conciliation

If you are trying to resolve a particular legal dispute at work, conciliation could help you and your employer settle the problem without the claim being determined by an Employment Tribunal.

It is similar to mediation but is normally used when there is a particular legal dispute rather than more general problems.

The conciliator

 If you decide to use conciliation in your dispute then an impartial expert (known as a conciliator) will normally talk to both sides separately, as well as together if needed and encourage the two sides to come to an agreement between themselves.

The conciliator is impartial and independent (so they are not on anyone's side, and have nothing to gain), and your discussions are confidential. They will try to help you make your thoughts clear, and look at ideas you may have for sorting out the problem.

A conciliator will normally be there to encourage the two sides to come to an agreement between themselves. A trained conciliator will:

  • talk through the issues with each side
  • explain the legal issues involved
  • look at opportunities for settling the case
  • help you and your employer agree a legally binding agreement

Early conciliation

From 27 January 2020, if you wish to lodge a complaint with the Industrial or Fair Employment Tribunal, you must first notify the Agency and discuss the option of early conciliation. You won't be able to proceed to tribunal without at least considering this option. Both you and your employer have to agree to early conciliation before it can happen.

The decision of an Industrial Tribunal is not affected by your decision to try conciliation, so if you decide not to go through the conciliation process, or if you try and it doesn't work, this does not make any difference.

Your discussions are confidential and the conciliator is impartial and independent, so they are not on anyone's side and have nothing to gain. They will help to bring clarity to your thoughts and will look at ideas that you may have for sorting out the problem. The benefits of early conciliation are that:

  • you’ll get a better understanding of the issues
  • you might sort out the problem without a tribunal hearing
  • you could reach a solution on your own terms
  • a settlement can include things that won't be covered in a tribunal judgement, like getting a good reference

Settlements reached through LRA early conciliation are legally binding. You'll sign an agreement called a CO3, and once you've agreed it, even verbally, there's no going back on it. If you or your employer break the agreement, they could sue you, or you could sue them.

Compromise Agreement

Another form of legally binding settlement is a 'compromise agreement'. These agreements are used where the LRA is not involved. There are strict requirements on a compromise agreement - putting it down in writing and signing it isn't enough.

For this to be effective it must be in writing, relate to your claim and you must have taken specialist advice from someone who has appropriate insurance, usually a lawyer. With either form of legally binding agreement you'll no longer be able to pursue your Industrial Tribunal claim.

It is always up to you whether you accept a settlement. Your employer may sometimes put a lot of pressure on you to accept, for example, they may say that you'll get nothing if you don't accept an offer there and then. But you should remember that you always have a choice.

 Settling is usually easier than going to a tribunal, but the amount you get may be less and your employer might attach conditions like a confidentiality agreement. If you're not sure whether to accept an offer or not, consider getting specialist advice.

Arbitration

Arbitration can be used to resolve individual problems, or collective disputes at work (for example trade unions considering strike action) without going to an Industrial Tribunal or Fair Employment Tribunal.

Arbitration uses an impartial outsider known as an 'arbitrator', who decides between two points of view. The arbitrator acts like a judge and makes a firm decision on a case.

The two sides of the dispute will normally agree in advance whether the arbitrator's decision will be legally binding. This means they have to go along with the decision.

Alternatively they will agree that it won't be so they can still decide to go to a court or tribunal.

Arbitration is often used in collective disputes. For example, if a trade union is considering strike action because they can't agree with an employer, then they may agree to get an independent arbitrator, usually from the LRA, to look at the situation and make a reasoned decision.

If you and your employer agree to go to an arbitrator, then it may be a quick way of resolving a problem without the stress and expense of an Industrial Tribunal or Fair Employment Tribunal. Both sides, however, have to agree to go to arbitration which is faster and less formal than a tribunal.

The LRA and some commercial organisations offer the services of specialist arbitrators.

The LRA arbitration scheme

The LRA runs a free arbitration scheme that can decide nearly all of the matters that can be heard by an Industrial Tribunal or the Fair Employment Tribunal. This includes claims of unfair or constructive dismissal, payments owed, redundancy payments, unlawful discrimination, flexible working and less favourable treatment of fixed term employees or agency workers. (This list is not exhaustive).

  • Labour Relations Agency Arbitration Scheme - guide to the scheme

Both sides must agree to arbitration or an independent adviser like a lawyer. Once you've signed, your claim can't go to an Industrial Tribunal or Fair Employment Tribunal.

You can pull out of the process after you've signed the agreement, but you can't then go to a tribunal. Your employer can't pull out unless you agree. You and your employer can still reach an agreement before the arbitration hearing.

  • The Chartered Institute of Arbitrators website
  • The Labour Relations Agency arbitration scheme explained

Where you can get help

The Labour Relations Agency and Advice NI offer free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland.

More useful links

  • Introduction to trade unions
  • Discipline, grievance and dismissal procedures
  • Legal aid
Share this page Share on Facebook (external link opens in a new window / tab) Share on Twitter (external link opens in a new window / tab) Share by email (external link opens in a new window / tab)

Resolving workplace disputes

  • Blowing the whistle on workplace wrongdoing
  • Counselling at work
  • Disciplinary procedures
  • Early conciliation
  • Employment-related tribunals
  • Grievance procedures
  • How to resolve a problem at work
  • Workplace disputes

Translation help

How to translate this page

Help improve this page - send your feedback

What do you want to do?
Report a problem
Which problem did you find on this page? (Tick all that apply)

Messages

You will not receive a reply. We will consider your feedback to help improve the site.

Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

What is your question about?

What to do next

Comments or queries about angling can be emailed to anglingcorrespondence@daera-ni.gov.uk 

If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit.  Contacts for common benefits are listed below.

Carer's Allowance

Call 0800 587 0912
Email 
dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Discretionary support / Short-term benefit advance

Call 0800 587 2750 
Email 
customerservice.unit@communities-ni.gov.uk

Disability Living Allowance

Call 0800 587 0912 
Email dcs.incomingpostteamdhc2@nissa.gsi.gov.uk

Employment and Support Allowance

Call 0800 587 1377

Jobseeker’s Allowance

Contact your local Jobs & Benefits office

Personal Independence Payment

Call 0800 587 0932

If your query is about another benefit, select ‘Other’ from the drop-down menu above.

Comments or queries about the Blue Badge scheme can be emailed to bluebadges@infrastructure-ni.gov.uk or you can also call 0300 200 7818.

For queries or advice about careers, contact the Careers Service.

For queries or advice about Child Maintenance, contact the Child Maintenance Service.

For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit.

If you can’t find the information you’re looking for in the Coronavirus (COVID-19) section, then for queries about:

  • Restrictions or regulations — contact the Department of Health
  • Travel advice (including self-isolation) — contact the Department of Health
  • Coronavirus (COVID-19) vaccinations — contact the Department of Health or Public Health Agency

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk and for queries about your certificate, email covidcertni@hscni.net.

For queries or advice about criminal record checks, email ani@accessni.gov.uk

Application and payment queries can be emailed to ema_ni@slc.co.uk

For queries or advice about employment rights, contact the Labour Relations Agency.

For queries or advice about birth, death, marriage and civil partnership certificates and research, contact the General Register Office Northern Ireland (GRONI) by email gro_nisra@finance-ni.gov.uk

For queries about the High Street Spend Local Scheme,  email HSSS.mail@economy-ni.gov.uk.

For queries about:

  • Car tax, vehicle registration and SORN
    contact the Driver and Vehicle Licensing Agency (DVLA), Swansea
     
  • Driver licensing and tests, MOT and vehicle testing
    contact the Driver & Vehicle Agency (DVA), Northern Ireland

If your query is about another topic, select ‘Other’ from the drop-down menu above.

For queries about your identity check, email nida@nidirect.gov.uk.

 

For queries or advice about passports, contact HM Passport Office.

For queries or advice about Penalty Charge Notices (PCNs), including parking tickets and bus lane PCNs, email dcu@infrastructure-ni.gov.uk

For queries or advice about pensions, contact the Northern Ireland Pension Centre.

If you wish to report a problem with a road or street you can do so online in this section.

If you wish to check on a problem or fault you have already reported, contact DfI Roads.

For queries or advice about historical, social or cultural records relating to Northern Ireland, use the Public Record Office of Northern Ireland (PRONI) enquiry service.

For queries or advice about rates, email LPSCustomerTeam@lpsni.gov.uk

For queries or advice about  60+ and Senior Citizen SmartPasses (which can be used to get concessionary travel on public transport), contact Smartpass - Translink.

If you have a question about a government service or policy, you should contact the relevant government organisation directly.  We don't have access to information about you.

Related sites

  • gov.uk
  • nibusinessinfo.co.uk

Links to supporting information

  • Accessibility statement
  • Crown copyright
  • Terms and conditions
  • Privacy
  • Cookies
  • Twitter
  • Facebook
  • YouTube
  • RSS