Case study

What is just? An employment case study

Nature of dispute  :  Unfair dismissal, sex discrimination and equal pay claims
Industry where dispute originated  :  Financial Services
Amount in dispute  :  £400,000
Mediator  :  Frances Maynard
Preparation time  :  Half a day
Mediation time  :  11 hours
Post-mediation involvement  :  None needed as the mediation was extended by three hours, which enable the agreement to be finalised

Brief details of dispute:

A long-term manager had complained at work about sex discrimination on the grounds of equal pay and was then given notice by the employer. The claimant then lodged a post dismissal claim of constructive dismissal.

Difficulties:

  • The case was complex as there were two Employment Tribunal claims consolidated (both pre and post dismissal) and the equal pay claim was being left aside for a later High Court action.
  • As there had been a working relationship between both parties for many years both sides had emotional feelings about the case.

The mediation:

After preparation and meeting the parties Frances recognised that both the non-financial and financial parts of a package would be needed.

It was only through careful listening to the parties' needs that Frances identified that an expression of 'contrition' by the defendant could help ease the path.

The mediator proposed that the employer round up the offer and complete a draft letter to include whatever they felt they could truly say to meet this need. It took extra time but the combination of the rounded figure and the letter enabled the claimant to halve the claimant's previous final demand figure and accept the package on offer.

Frances Maynard
Recent feedback on the mediator: "Frances is very impressive. She has a very easy manner, and is a very experienced and skilled - she makes it look easy, yet is supremely skilled underneath with a core of professionalism."

Learning points:

In the early stages of mediation the claimant raised concept of a 'just' settlement being sought. The difficulty was in eliciting what that meant - even the claimant was not able to define it. Ultimately it was the subtlety and substance of the total package of the financial offer and the letter that finally represented a 'just' outcome to the claimant.

About the mediator:

Frances Maynard is an independent mediator and former Director of Training with CEDR. She specialises in the employment and education fields.

For more information or to contact Frances please email mediate@cedrsolve.com or call CEDR Solve on +44 (0) 20 7536 6060.



Mediations are always confidential unless parties agreed to be named. Accordingly certain details of the case may be changed to preserve anonymity.