Mediation Cannot Review Decisions
DWP launched “a new mediation service for staff” on 1 June 2009 with the potentially misleading assertion that it is “an alternative to using…in some cases the Grievance Policy”. However, this assertion in Mediation Policy Paragraph 1 is later clarified in Mediation Procedures Paragraph 8 which states:
“In grievance cases mediation cannot be used to review management’s decisions. However, mediation may be useful if there are issues with working relationships falling out of those decisions.”
Mediation therefore does not provide an alternative avenue for employees to get a management decision changed.
Mediation in Grievance Cases
Mediation Procedures Paragraph 14 provides the process for mediation in Grievance cases:
“Before making a referral for mediation at the informal or formal stages of the grievance process managers must consider:
- What effect the resolution, or outcome of the mediation process may have on working relationships; and
- Whether there are longstanding issues that could be better addressed through discussion between the manager and employee.
As a general rule, mediation will not alter a management decision but can be used effectively to address grievances that stem from misunderstanding or a breakdown in working relationships.
If the grievance relates to a decision made by the line manager, the countersigning manager can also recommend mediation is used to handle the dispute and improve working relationships.”
PCS Support and Advice
Using mediation is entirely voluntary (Policy Paragraph 3). PCS recognises that mediation may be appropriate when:
- Working relationships have broken down;
- Poor communications have resulted in misunderstandings; and
- Both sides need an opportunity to express their thoughts or feelings.
However, using the Grievance Procedures, with PCS support, advice and representation, remains the only option when seeking to change a decision.
