UK’s employment tribunal backlog sharpens focus on grievance handling

As you may have seen in the HR press, the latest Ministry of Justice figures, just published, show employment tribunal backlogs are getting worse. At the end of March, there were 64,000 outstanding single employment tribunal claims – up 42% on a year earlier – adding further pressure to an already overstretched tribunal system. That comes just weeks after reports that some hearings are now being listed as far ahead as 2030, underlining the importance of resolving workplace issues before they escalate into formal disputes.

The latest figures are reported in some detail by People Management and Personnel Today and serve to highlight the importance of the people most likely to deal with concerns at an early stage, namely, line managers. Their role has become significantly more demanding in recent years. Hybrid working, greater awareness of mental health and neurodiversity, and increasingly sensitive issues involving religion, gender identity and global events all require managers to handle difficult conversations with greater confidence and skill. Looking ahead, changes under the Employment Rights Act are also expected to place greater emphasis on consistent and effective people management.

Against that backdrop, many employers are investing more in practical training to help managers deal with workplace concerns confidently, resolve issues before they become formal grievances and make fair, well-reasoned decisions.

So what skills do today’s managers need, and what does effective training look like? Earlier, I spoke to Pinsent Masons Head of Client Training, Trish Embley, who joined me by video link from Manchester. I began by asking whether line managers are now being asked to deal with more difficult workplace conversations: 

Trish Embley: “Oh, definitely. I think we've all noticed a real change in the last five years. In practical terms, managing when we were working in a hybrid way has got benefits but there are challenges as well because what’s really needed is early observations and interventions and if I'm working remotely that can be trickier – not impossible, but it does mean I have to take a slightly different approach. What else has changed? Well, I think going back a decade or so there wasn't perhaps - and I think this is a good thing - the openness about discussing mental health, or managers needing to really adapt their communication style and the way they manage for neurodivergent conditions. Also we've noticed in the workplace this sort of growth of clashes on the basis of people's different beliefs whether that be religious to do with gender issues, geopolitics. So a lot there for managers to manage in addition to the fact the Employment Rights Act, which is going to reduce the service requirement for fair dismissal, means that managers will need to have difficult conversations about performance more frequently and earlier than they ever used to.”

Joe Glavina: “What skills do managers need if they're going to stop concerns becoming formal grievances?”

Trish Embley: “Well, I think the main complaint you can see in any dispute, and we see a lot in grievances, is ‘I didn't feel heard.’ So active listening and understanding exactly what that means is really important, showing that you're curious, you're concerned, and one way of showing that you're doing active listening is to sort of repeat back and say, am I understanding you correctly? Also, as regards the sort of disputes and conflicts, I'm not suggesting at all that every manager has to be a trained mediator but I think those sort of skills where you feel confident hosting a facilitative discussion that's more resolution focused is something that's really important. Empathy, that's something, if you look at intergenerational workforces, the younger generations are looking for in their managers, so empathy is definitely important. But empathy doesn't mean just agreeing with everything I say, so that's got to be balanced with that sort of confidence about sometimes having to say, well look, I've got manager expectations here, explaining the business side of things, and that's where I think a basic grounding in the key principles of employment law is important so you know how far legal duties go, you know when you're entitled to say no, and you know how to land that message in a way that isn't going to cause offence, or isn't going to be perceived, perhaps, as bullying.”

Joe Glavina: “Moving on to the training itself, what does good training look like in this area?”

Trish Embley: “Well, I often say there's no point in having a training session where we just present people with principles and the law. In this day and age, people can Google that or look it up and find it online. It all does come back to, as I say, feeling confident about both the skills I've mentioned, having difficult conversations, and knowing what you are allowed to do – what I can say, what I can't say. So we find that the best way of training is, once we've equipped managers with the basic principles to get them doing practical application. So, scenario-based, exercising their judgment and thinking really about how they can explain the rationale between the decisions that they make because, again, I think that's something a lot of managers, they're busy, they make decisions here, there, and everywhere, but what they really need to do for the purposes of communicating properly, and if they were ever challenged under a grievance or tribunal claim, is documenting. So, just taking a few minutes to write down what it's fresh in your head. Why have I made this decision? What factors have I considered when I've made this decision? That will then serve as a useful record to show the good old have they acted reasonably in the circumstances. Have they made a reasonable adjustment for disability?”

Joe Glavina: “In your training of line managers, does HR have a role to play in this as well?”

Trish Embley: “Definitely. HR is there for support. We've moved away from the days when HR did everything for you. Now managers need to manage people, but HR are the technical experts and where I think HR can really help is if you do have to have a difficult conversation, workshopping it with HR, helping them to help you find the words, and then say, you know, how am I coming across? Am I coming across as empathetic? Am I being assertive? Do you think I've got my emotions in check? Yes, we want everyone to be empathetic, but you've got to keep your emotions in check. Also, just a third party to look at it because I don't know what unconscious biases I have, so that could impact on the way I deal with a conversation or deal with an individual. Just having that sense check, that sort of independent third party, can be really, really useful and, again, I've rehearsed it, build my confidence to actually tackle the conversation.”

So the key takeaway for employers is that, as workplace conversations become more complex and tribunal delays continue to grow, effective grievance handling increasingly starts with confident, well-trained line managers. Investing in practical manager training can help organisations resolve concerns earlier, reduce legal risk and build more constructive workplace relationships.

If you would like help training your managers to handle difficult workplace conversations or strengthen grievance handling across your organisation, please do contact Trish – her details are on the screen for you.