Workplace Manager Employee Case Study
Workplace mediation between Matthew and Jane, who worked for a leading personal injury law firm; Jane was Matthew’s line manager who took over Alison who got on very well with Matthew. In the changeover in managers, certain records were misplaced and lost, including confidential issues concerning Matthew’s health, which allowed him to take time off work for medical reasons, agreed with Alison his previous manager.
Jane noticed Matthew’s absences and thought nothing of it at first, eventually she raised this with Matthew who did not realise she was unaware of his health issues, a heated conversation took place between the two, without the real issue coming to light, both were quite upset with the attitude and the tone of the other, Matthew went and reported this incident to the partner for their department.
Mediation was arranged and Matthew advised how angry he was, his work was always of a high standard compared to some of his colleagues, even though he had a medical condition which he needed time off work for agreed by his previous manager and HR.
Jane agreed that his work was acceptable but all these absences were not, she was never informed of his health, and obviously if he needed time off then that was acceptable, but she was never told this or saw any records of this, equally, he should be making the time up, which he had not been, nor was that previously mentioned.
HR were able to produce a copy of the agreement between Alison and Matthew, Jane was happy to honour it and made it clear to Matthew she was not being awkward, she was never made aware of this, Matthew advised he thought she knew and was being deliberately awkward and therefore this was just a big misunderstanding between the two.
Matthew agreed that perhaps he had been rather relaxed about this special agreement and should make the hours up, by coming in earlier staying later, or even working from home to make up his hours, an agreement was formally drawn up between the two incorporating all of this which dispelled the problems they had experienced with one another.
- The mediation took 1 day compared to the 8 months this workplace dispute had already gone on.
- The mediation cost the employer a fraction of the thousands they would have had to spend, had they continued with an Employment Tribunal or Court action.
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2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 20+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.
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Frances PlaceCommercial & Family Mediator 1997 ADR Group Accredited Mediator. 25 years mediation experience. Solicitor since 1991, for many years having obtained a Ist Class Honours Law Degree from Liverpool University. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.
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Paul Balen Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement.
Sundeep Singh Bhatia Grants background involves both commercial and contentious aspects of the law.
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Carolyn Graham Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitor
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