CMP Resolutions

CMP’s Investigators save London Underground time and money

Ben Prior — Mon, 14 May 2012 09:49:08 +0000

London Underground: CMP’s Investigators save London Underground time and money

CMP provide an outsourced investigation service to free up management time and offer faster, more cost effective resolutions to employee complaints.

The “V” Word. Why we must recognise ‘vexatious’ complaints exist and deal with them effectively

Ben Prior — Wed, 09 May 2012 10:27:46 +0000

The “V” Word. Why we must recognise ‘vexatious’ complaints exist and deal with them effectively

The vast majority of complaints are raised by staff who feel genuinely aggrieved and believe they have been treated unfairly. They raise these complaints in good faith and without malice and their decisions to complain have not been taken lightly.

However, there is a minority who submit vexatious or malicious complaints for a variety of reasons.

I have investigated some complaints where I have witnessed and experienced a very real reluctance by Managers, Deciding Officers and HR Departments to use the ‘V’ word. I completely understand this phenomenon given employer’s aspirations in encouraging staff to raise difficult issues as part of their aim to create a supportive and bullying-harassment free environment.

One example of such reluctance was when I investigated a complaint of racial discrimination made by a manager against two fellow managers. My investigation highlighted significant independent and compelling corroborative evidence indicating that the complaint was vexatious and I raised this in my report and subsequent debrief to the Deciding Officer. The Deciding Officer and indeed the organisation’s HR Department were extremely reluctant to recognise this and although they found there was no case to answer they failed to adjudge the allegation as vexatious.

The complainant took the case to an Employment Tribunal where the judge found there was no case to answer and dismissed the complaint. The respondents’ (who felt aggrieved at the judgement) then took the case to a second Employment Tribunal where the judge found in their favour and awarded them and the employer damages of £30K. In summing up, the judge stated that “damages/costs could only be awarded if a claimant had acted vexatiously, abusively or disruptively and the claimant had not been disruptive or abusive.”

I believe this reluctance to recognise or use the ‘V’ word and properly address instances where vexatious complaints are made, presents significant risks for us as HR professionals. By failing to name vexatious complaints as such, we undermine the credibility of our profession, and do a disservice to the majority of those who are genuinely aggrieved and make legitimate complaints.

In a recent criminal case a 21-year-old woman claimed she had been raped by a stranger as she left a gym. An extensive police investigation ensued which resulted in the public arrest of a man at his workplace, and he was subsequently remanded in custody. (Daily Express, April 2012). Further investigations of more than 350 police-hours costing some £14,000, uncovered E-mail exchanges between the pair which clearly showed that the allegation was false. The woman was found guilty of perverting the course of justice and jailed for 14 months. When sentencing the judge summarised; “False allegations of rape undermine the plight of genuine victims.” A Rape Charity supported the police and subsequent court action and condemned the false allegation stating “[this vexatious complaint] caused harm to genuine victims and should be pursued, as it was in this case”.

The motivation in this case was that the complainant was worried that her boyfriend would find out she had had sex with another man.

This is an extreme case and obviously a criminal act. However parallels can be drawn with vexatious workplace complainants with regard to “motivations to complain”, the obvious being an attempt to divert attention from the complainant’s own behaviour.

Fair, impartial, thorough and robust investigations will expose such behaviours and provide respondents with the reassurance that they will not become ‘victims’ of a vexatious complaint.

I believe the HR profession must show the determination to recognise such cases. Individual HR professionals need the moral courage to effectively deal with them, and employers need to have clear policies and procedures in place to support HR and make clear to all staff where their responsibilities lie when making complaints.

By Alex Sharpe

Acknowledgements: Alex Sharpe

CMP train Mediators across five different public sector organisations

Ben Prior — Fri, 04 May 2012 11:48:24 +0000

The Highlands and Islands Enterprise is an organisation that aims to generate sustainable economic growth in every part of the Highlands and Islands, in line with the Scottish Government’s economic strategy.

Through a collaborative approach to learning and development established by local public sector partners, called the Highlands and Islands Learning and Development Network (HILDN), we have established a mediation sub-group. Operating since October 2011, the Network is running a cross-organisation mediation network for resolving workplace conflict and providing an opportunity for networking, sharing best practice and CPD.

CMP Resolutions successfully responded to a tender from the Network in December 2011, to provide accredited mediation training to the cross-organisational mediation network. This training was successfully delivered in March 2012; accrediting 11 mediators across 5 different public sector organisations.

Organisation of CMP’s Investigator Training a hit with HSE Ireland

Ben Prior — Fri, 04 May 2012 11:41:51 +0000

This project has gone very well; it has been organisationally excellent. The quality of the training is good and the content of the training is extremely relevant. Working with CMP Resolutions in the short term has helped us to establish a pool of qualified investigators who we are assured is competent to undertake investigations.

Norah Mason with HSE Ireland

County Council appreciates practical nature of Investigation Training

Ben Prior — Fri, 04 May 2012 11:18:27 +0000

The course has really delivered what we needed and hit all of the right notes. The feedback from the individual delegates has been very positive about the course and the skill level it has helped them to achieve. We have really valued the robust assessment on the course and the training has helped us also to reflect on our recruitment process for our investigative team.

At this early stage the outcomes are still hard to tell. We will be meeting to debrief following the training, taking on board some of the learning for future training and recruitment of investigators; we will also be networking with our investigator group to share practice etc over the coming months. These activities combined with the feedback on the report writing exercise will give us some good indicators as to the learning. As cases come in, we will also be examining the final report outputs of the investigations to measure and reflect if there has been an improvement in the quality of our investigations and our investigation reporting.

What has really stood out on this course is the opportunity to really practice the skills and get effective coaching and feedback. The role play activities were very long – often up to 45 mins, which really allowed delegates to get a sense of what an interview can really be like. Our training was a mixture of experienced and novice investigators and this process really allowed practice but also reflection and observation by the group. The longer activities allowed for some authentic challenges and sticky situations, which in turn allowed for delegates to practice and get feedback in a safe environment.

Rebecca Jones with the Carmarthenshire County Council

Team Rebuilding leads to brighter future for University of Winchester

Ben Prior — Fri, 04 May 2012 11:09:28 +0000

This was a very complex team situation; we approached CMP and an alternate provider however it was CMP that really grasped the brief and was able to suggest a process that fitted with both the needs of the parties and the concerns of the organisation. CMP quickly tuned into our issues and offered the best solution. Their documentation and approach was tailored and efficient, allowing us to make a clear decision about the process.

The practitioner was excellent, working with the parties but also with the Leads to review and support at each stage. In the short term this has achieved our objectives of getting clarity from the parties and a clear commitment for a way forward. Furthermore, the package from CMP means that parties can contact them for support for up to 12 months after the project should they need to.

This complex and difficult situation has been expertly handled by CMP and we would not hesitate to use them in the future.

Malcolm Willis with The University of Winchester

Home Office revitalised after Mediation Refresher with CMP

Ben Prior — Fri, 04 May 2012 10:14:19 +0000

CMP delivered an excellent refresher course to our trained mediators and the delegates sent very positive feedback – see below

I enjoyed the course. It was a very useful and timely refresher. It also brought some interesting ideas to the fore.

The trainer was dynamic and engaging and very encouraging.

The course was great and the hand outs look really interesting

I really enjoyed the refresher training in Sheffield on Wednesday; it was good to get back into it after so long out of the loop.

1. How has this project gone from a purchaser’s perspective? – I felt that the course was value for money

2. In the short term – what has working with CMP helped you to achieve? Delegates received a boost to their confidence

3. Thinking about the whole process – including initiation, through to delivery, what has been particularly good? CMP staff are always professional, polite easily accessible.

4. What could have been better? Nothing

Sherife Hussein with the Home Office

The Abbeyfield society thrilled by results of mediation workshop

Ben Prior — Fri, 04 May 2012 10:01:26 +0000

I initially came across CMP Resolutions through a ILM evening business seminar run by John Crawley. The skills being showcased centered around conflict management and managing diversity effectively. I felt that these skills were incredible useful for the Care Sector, where there are staff from wide ranging backgrounds drawn together by their passion for the caring environment.

We worked with CMP Resolutions to bespoke a 3 hour workshop on Managing Conversations. The aim of this session was to get staff to think about conflicts and why they arise and then to provide them with some skills on communicating effectively and build confidence in being assertive in challenging difficult behavior. This session was run for staff across two sites and feedback immediately after the training was that staff were thrilled about the workshop and the skills that they were able to develop in this time.

We will be working with CMP Resolutions to look at rolling out further sessions to more of our sites in the future.

Emmanuel Torsoo with The Abbeyfield Society

Performance improvement, not an option!

Ben Prior — Tue, 01 May 2012 12:43:27 +0000

“The best thing a manager can do to reward their good performers is to address the performance of their poor and mediocre performers.”

Yet, this continues to be a common challenge for many who depend on the work and input of others for their success. And this is not confined to the manager/employee relationship. It equally applies to working with colleagues, bosses, volunteer workers, suppliers.

These people consume their ‘unfair share’ of our ‘mind time’.

We too often keep our disappointment, frustration, and anger to ourselves until we can bear it no longer. When we finally say something, we lead with anger, and ran the risk of being dismissed as “over emotional”, or “totally over reacting”.

The recipients are often shocked and attack back with defensiveness and counter accusations. Not a constructive way to get the performance we need!

There are ‘controlled’ ways of dealing with unsatisfactory performance, from anyone among your 360 relationships. The approach draws heavily on a wide range of analytical, problem solving, conflict management, and interpersonal communication skills supported by a good dose of self awareness. Even though these are commonly understood skills, we are apt to forget to draw on what we most need them, and kick ourselves for making an unnecessary fool of ourselves, or putting an unbearable strain on an already ‘bent’, but tolerable relationship.

The answers to your prayers!

There is a way of staying on the front foot in these discussions and avoiding being confronted with “yes but’s” that you can’t answer.

1) Invest the time and energy in raising issues when they are small.

2) Use your feedback and problem solving skills to manage discussions.

3) Approach the conversation with curiosity vs judgment, and a genuine desire to understand why they performed as they did.

4) Prepare for the conversation by considering all the possible obstacles that you, the team, the organization have created that could be preventing any reasonable, able and willing person from performing to the required standard.

Don’t use the process for getting rid of someone. I was teaching this process to a group of mid managers. When we neared the end of the workshop, one delegate ask this question; “ What if I do this and they start to perform; what do I do then??? The rest exploded into gales of laughter; he sheepishly realized the absurdity of his perspective.

It’s Wider application

There is a fast growing need for all employees to raise their game, even those who are the star performers and those who are traditionally the ‘old reliables’. This approach is powerful for creating even stretching, and ‘fit for purpose, performance in every corner of the organisation.

This reminds me of a quote by Jack Welsh, former CEO and Chairman of GE:

“Our [leaders and managers] true ‘core competence’ today is not manufacturing or services, but the global recruiting and nurturing of the world’s best people and the cultivation in them of an insatiable desire to learn, to stretch and to do things better every day.”

For many, this ‘insatiable desire’ does not happen by accident, nor does it over a sustained period of time. It comes from the deliberate and collaborative actions of leaders, managers, and employees to create the conditions for growth, and sustainability for their organization. What we have covered, if applied with skill and precision, can play a significant role in ensuring this future.

by Ron Butcher

Acknowledgements: Ron Butcher

Mediation Webinar drew in professionals from across the Globe

Katherine Graham — Fri, 13 Apr 2012 11:49:30 +0000

I ran a very successful webinar with the World Trade Group last week, which drew in HR professionals and mediators from across the Globe. The subject was, ‘Mediation in the Workplace? Get Real!’. I talked about why the British Government has put its emphasis in the wrong areas, by funding the training of yet more mediators, and ‘nudging’ people into pre claim conciliation but not mediation. I even managed to talk about the plans to cascade Retail’s ‘mediation expertise’ down through their supply chains, despite thinking it is a barking mad idea doomed to failure.

It’s great the Government sees the damage that negative conflict has on employee relations and productivity. It’s great that it is trying to encourage mediation. It’s even great that it’s putting money into mediation. And yet… I remain uneasy. The vast majority of conflict at work never reaches an employment tribunal. Most people never use mediation. Most conflicts can and should be resolved at work. Many people manage to have ‘good conflicts’ every day, in fact. So why, after 20 years, do we still have conflict at work that silently reduces performance, disengages employees, and costs business hidden sums they can ill afford.

That must be a change in how we look at conflict at work. And without doubt there is more to do to make mediation reach its potential. But heaven knows, there is no shortage of mediators in the UK – mediators can’t even give their services away for free.

It is time to Get Real about mediation. Mediation is a truly effective, powerful way to support some people, some of the time, to resolve some disputes. It is not a panacea, and should not be used as an excuse to avoid tackling the real issue, which is the generally low confidence and competence of managers in responding to conflict. The webinar outlines what you can and should do to tackle conflict in your workplace in a truly meaningful way.