Employment Law

[Escutcheon]

If there is a dispute between an employee and a member of a voluntary organisation is it a defence under Empliyment Law to show that the matter has been referred to the internal disputes and disciplinary machinery, please?

[buildersmate]

More info, please - don't understand the question.
There seem to be three parties involved somewhere in this question, an employee (1), that person's employer (2) and a third party (3 - an individual who happens to be a member of a voluntary organisation). What is the nature (broadly) of the dispute between (1) and (3) please. We need to know this so we can try and understand why it has an impact on (2).

[Escutcheon]

There is an employee (salaried) working for a voluntary organisation which has its own internal disputes resolution mechanism. The problem arises because of an altercation between a volunteer and the employee.

[colin6789]

I am not legaly trained, but I have some experiance with volunteers. I think that in the situation you discribe, there is no difference between a salaried employee and a volunteer. This would cover Health and Safety as well as other employment law. Volunteers would be just as bound by rules regarding treatment of other volunteers, employees or the public.

Somebody with a better law mind that me should be able to help

[Escutcheon]

Thanks. I effect a referral to the stated "internal rules" should be able to show (in lawe) that the matter was in hand, should the employee try to go to an Industrial Tribunal.

[buildersmate]

The list of situations where an employee can apply to an Industrial Tribunal is here. Most of it involves unfair dismissal for various reasons or discrimination.
http://www.employmenttribunals.gov.uk/about_us /jurisdiction_list.htm
I don't see 'my employer failed to investigate an altercation between me and another staff member' (or anything similar to it) on the list.
I wonder on basis you think an employee can apply to the IT in this situation. I take it your interest is as the employer.

[Escutcheon]

Yes. Thanks for the info. I'll check out the site you quoted.

[Escutcheon]

Thanks again. I have been through the list and can find nothing applicable. That could leave a Civil Action but this seems unlikely to stand were the organisation's own internal disputes mechinism currently being enacted.

[Omnicity]

Escutcheon

If you want to clarify your question I will help you. It is unclear to what you refer. Let me make this point though. In December 2005 new dispute resolution procedures were enacted which requires both an employer and employee to follow a course of action, and indeed exhaust these procedures.

I am usure of the "is it a defence", defence for whom?

There are penalties for both parties if the DRP is not exhausted, with polkey deductions awarded for any breaches of contract.

If you would like me give a more detailes response I would need to know specifics of the case, and I would be happy to do so.

[Escutcheon]

Thank you Omnicity. The defence is for the employer (in this case the voluntary organisation (whose name I am withholding for possible adverse publicity reasons). There has been a possible accusation of bullying or harassment from a volunteer by an employee. We do have an internal disputes mechanism but members are unsure whether this would cover them while it was deliberating should the employee seek further action.
I would appreciate details (web-site, etc) of this new dispute resolution procedure of Dec. 2005 please.

[Escutcheon]

Further to the above I have checked the Legislation Guides "Dispute resolution in the workplace" 24 May 2007 and the S.I. 2004 No 752 (The Employment Act 2002 (Disputes Resolution Regulations 2004 but neither seem to apply. They are concerened with the dismissal of an employee and this is not the case.

[plowter]

If there is a dispute then the employer must use the disciplinary process. The statutory minimum requires the employer to:

Inform the employee of the problem
Hold a meeting to discuss the problem
Decide on outcome and action

See the ACAS website for details of Discipline and Dismissal Procedure. Or call the ACAS Helpline 08457 47 47 47 (M-F)

In your case I'd imagine that the volunteer would be treated as an employee too. It might be worthwhile asking for a copy of your organisation's procedures for managing volunteers which should include the disciplinary procedures.

[Omnicity]

Escutcheon

If the complaint is within the organisations internal process and is being pursued then the employee would not have any complaint. In circumstances where both the parties could potentially conflict then it would be appropriate for the organisation to "suspend" the volunteer from the organisations premises pending its investigation and findings into the case.

If the employee is concerned then they must keep an accurate "diary of events" - the employers investigation should not be protracted and "natural justice" should underpin the process.

[Escutcheon]

Thank you all for your help.