Flippin' heck! A way to resolve your workplace or employment dispute

British artillery, The Somme, 1916

The traditional approach used by parties and their representatives to settling workplace and employment disputes is reminiscent of the Western Front, circa 1916.

Bristling with aggression, they ceaselessly pound the other side’s lines with heavy artillery fire, through internal and external procedures. Every position taken by the opposition is blasted to hell in an effort to win the argument.

Then, suddenly, the guns turn silent. Smoke drifts across the shattered landscape. Imperiously, a settlement offer is made.

Surely, after such a magnificent display of firepower, the offer will be accepted with open arms and tears of gratitude. No? Quelle surprise!

Unfortunately, the opposition have been sitting in deep underground bunkers, playing cards, drinking tea and wearing earplugs. As far as they can see, their weaponry is unscathed.

Their natural reaction to the settlement proposal is to emerge grinning, raising two fingers in the air and preparing their return bombardment.

And so it goes on, back and forth across no-man’s land, at huge cost.

In my experience, two words – flipped - can transform the atmosphere of without prejudice discussions from fruitless to fruitful.

Those two commonplace words are: “Thank you”. But the secret is in the flip.

Before making a settlement proposal, the flip is to ask yourselves: What can we include that the other side will genuinely want to say “Thank you” for?

The financial terms (if any) need not be any more generous in total than the traditional post-bombardment offer. But the presentation of the offer and the non-financial terms will show that you have been listening to the other side’s underlying concerns. So, before making the offer, you will need to find out as much as you can about what those concerns are - by carefully asking and listening, rather than guessing or assuming.

For example, maybe the employee (or ex-employee) has suffered severe stress-related symptoms and is worried about their future career. The employer could include explicit recognition in the settlement proposal that the employee will need some time, and perhaps some therapy or retraining, before stepping back into the job or the job market.

To take another example, an employee (or ex-employee) could recognise the employer’s concern about the risks of particular kinds of conduct in the workplace. The presentation of the employee’s settlement proposal could acknowledge that the employer needs to address those risks, even if the handling and outcome of this particular situation remain disputed. This could open up previously hidden pathways towards agreement, in which both parties’ concerns for the future are dealt with.

In either case, the initial settlement proposal might well be declined, particularly if it is at an early stage in negotiations. For now, you might not hear the magic “Thank you” words in response. But if you start off in this mode, you are far more likely to establish a constructive dialogue leading to a mutually acceptable outcome.

Why not try it?

Alternatively, let me know if, confidentially, you would like to discuss resolving any workplace or employment-related situation.

Photo: John Warwick Brooke (1886-1929), Public domain, via Wikimedia Commons

2nd Lieutenant J. W. Brooke 1886-1929 (photographer)