Resolving Employment Conflicts: A Step-by-Step Guide for Employers

Employment conflicts are unpleasant, but unavoidable. Wherever people work together, disagreements arise. The question is not if you will face them, but how you will handle them. The wrong approach can lead to long-term sick leave, legal proceedings and a toxic work environment. This step-by-step guide will help you resolve conflicts effectively.

Recognise the signs

Conflicts rarely arise overnight. They are often preceded by signs:

• Reduced communication or collaboration
• Complaining about or avoiding colleagues
• Increased sick leave
• Decreased productivity or motivation
• Gossip and a negative atmosphere in the workplace
• Discussions that become personal

The sooner you identify a conflict, the easier it is to resolve. Do not wait for it to escalate.

Step 1: Analyse the situation

Before you take action, it is important to fully understand the situation:

• What is the core of the conflict? Is it about content (tasks, responsibilities), process (how work is done), or relationships (personal interactions)?
• Who is involved? Is it a conflict between two people, within a team, or between an employee and a manager?
• How long has it been going on? A recent disagreement requires a different approach than a long-standing dispute.
• What is the impact? Is it limited to those involved, or is the entire team suffering?

Gather information by talking to those involved, but be careful not to take sides.

Step 2: Start the conversation

The first step towards a solution is to start a conversation. A few tips:

• Speak individually: Start with separate conversations to hear both sides
• Listen actively: Let the employee tell their story without interruption
• Ask open-ended questions: "What do you think is going on?" works better than "Is it true that...?"
• Remain neutral: Do not judge too quickly, even if you think you know who is "right"
• Document it: Make a record of the conversation and share it with the employee

A good conversation can be enough to resolve the conflict, especially if it has not yet escalated.

Step 3: Look for solutions

After listening, the next step is to look for solutions. Involve the employees in this process:

• What do they need to resolve the conflict?
• What adjustments are possible in tasks, workplace, or collaboration?
• Are there underlying issues that need to be addressed?

Make concrete agreements and put them in writing. Also, schedule a review meeting.

Step 4: Consider mediation

If discussions do not lead to a solution, mediation is often the next step. A mediator is a neutral third party who guides the parties towards a solution.

Advantages of mediation:

• Neutral process guidance
• Confidential and voluntary
• Faster and cheaper than legal proceedings
• Preservation of the employment relationship is possible
• The parties determine the solution themselves

Mediation is successful in approximately 70-80% of cases. If mediation does not work, you can still pursue a legal route.

Step 5: Engage legal assistance

In some cases, legal assistance is necessary:

• The conflict escalates despite attempts to resolve it
• There is misconduct, intimidation, or discrimination
• The employee calls in sick, citing the conflict
• Dismissal is being considered
• The employee engages their own legal assistance

An employment lawyer can advise on the best approach and guide you through negotiations or proceedings.

Sick leave during an employment conflict

An employment conflict often leads to sick leave. This is a difficult situation:

• The employee feels unable to work
• You, as the employer, doubt whether there is a genuine illness
• The conflict is "frozen" as long as the sick leave continues

In this case, always involve the company doctor. The company doctor assesses whether there are medical limitations and advises on the steps to be taken.

The company doctor often advises a "time-out" followed by mediation. Follow this advice to prevent problems with re-integration.

Common mistakes

In our practice, we regularly see employers make mistakes in employment conflicts:

1. Waiting too long

The longer you wait, the more the conflict escalates. Intervene in a timely manner, even if it is uncomfortable.

2. Taking sides

As an employer, you must remain neutral, even if you sympathise with one of the parties. Taking sides makes a solution more difficult and can work against you legally.

3. Not documenting anything

Document conversations, agreements, and warnings in writing. This is crucial for building your file, should the conflict lead to a dismissal procedure.

4. Wanting to dismiss immediately

Dismissal due to an employment conflict is legally difficult. You must first be able to prove that you have tried to resolve the conflict. A request for dissolution without this preliminary process is usually rejected.

5. Ignoring the company doctor's advice

If the company doctor advises mediation, follow that advice. Ignoring this advice can lead to wage sanctions in later WIA (Work and Income Act) applications.

Dismissal due to a breakdown in the employment relationship

Sometimes the employment relationship is so severely and permanently damaged that continuation is no longer possible. In that case, you can ask the subdistrict court to dissolve the employment contract on the grounds of a breakdown in the employment relationship (the 'g-ground').

The court will then assess:

• Is the breakdown severe and permanent?
• Was the breakdown not unilaterally caused by the employer?
• Is redeployment not possible?

Upon dissolution, the employer owes the transition payment. If the employer caused the breakdown, the court may also award fair compensation.

Prevention: better than cure

You can prevent many conflicts by:

• Clear expectations: Ensure clear job descriptions and goals
• Open communication: Create a culture where problems can be discussed
• Regular feedback: Do not wait for the performance review
• Clear policies: Have policies for complaints, undesirable behaviour, and conflicts
• Training for managers: Teach managers how to identify and address conflicts

Conclusion

Employment conflicts are difficult but resolvable. The key is early identification, remaining neutral, and working towards a solution step by step. Engage a mediator or lawyer in a timely manner if the conflict escalates.

Are you dealing with an employment conflict and need advice? Contact us without obligation. We are happy to help you with an effective approach.