Navigating Conflict Resolution in the Workplace
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Navigating workplace culture conflicts in law firms
In law firms, some of the most complicated risks to reputation often relate to culture. Employees may respond in varied ways to a conflict depending on their generation, ethnicity or religious background. A firm’s office in one jurisdiction may apply one set of expectations about their hiring policies, while an office in another jurisdiction applies a different set. If allegations of misconduct occur, firms must be able to manage them with clarity and consistency – both internally and externally. The approach they take can generate a range of responses and risks to their reputation.
The law firm Fieldfisher experienced one such conflict that has made news headlines in recent months – and provides some lessons to other firms managing these incidents. In late 2023, a senior associate in Fieldfisher’s dispute resolution team was dismissed after two female colleagues alleged inappropriate behaviour and sexual misconduct on separate occasions during the year. A HR manager recommended disciplinary action and the senior associate was suspended pending the outcome. Disciplinary and employment proceedings followed which resulted in the associate’s dismissal. After the encounter was found to be consensual, it was ruled that the senior associate had been unfairly dismissed.[1]
The complexity of workplace conflicts
The Fieldfisher example demonstrates that when an organisation sets out to understand a workplace conflict, not all is necessarily as it seems. Research from Brunswick Group found discrepancies between how an organisation’s leaders view workplace conduct and how employees who are not in leadership roles view it. Specifically, leaders (66%) are more likely than non-leaders (49%) to believe their workplace doesn’t tolerate harassment and is committed to addressing misconduct. Further, 72% of leaders believe addressing workplace misconduct is a priority of their board of directors, while only 54% of non-leaders believe it. As a result, employee trust is low, with nearly 50% of workers believing HR would prioritise the company over its employees.[2]
“Workplace conflicts often have complex nuances to consider that take time to fully investigate and understand,” said Sharon Glynn, managing director at Travelers Europe. “Groups of people throughout an organisation may have different perspectives on how the firm manages these issues. In scenarios where employees feel they may not be believed or protected, or where leaders seek to protect the reputation of the firm at all costs, it can be more challenging to get to the truth of a matter.”
Containing a crisis
Firms wishing to learn from Fieldfisher’s experience can take proactive steps to manage workplace conflicts more smoothly and prevent them from escalating should they arise. They may consider:
Reviewing policies – and give them a stress test. Are policies applied consistently across offices? Are there differences in how various employee groups interpret them? Where are adjustments needed?
Making messaging congruent. By aligning internal and external messaging, firms can avoid having information leaked to the media.
Consulting crisis managers early. When firms consult crisis management support as soon as possible after workplace conflicts occur, they can best assess and manage potential consequences.
Allowing time to gather facts. Avoid the temptation to race out of the gate to make decisions and announcements around issues of misconduct.
Presenting a robust defence. Once the firm has gathered the facts around a conflict, presenting a robust defence of an employee, or firm, as appropriate may help build trust and credibility.
“It’s only natural for a law firm to want to move quickly to assess and manage a conflict before it escalates into a problem that generates negative publicity,” said Glynn. “Being able to take prompt action is important – particularly when consulting advisors who can help contain a crisis. But it’s also important to balance being proactive with careful thought about potential outcomes. Taking some extra time to get to the heart of a workplace conflict can help the truth come to the surface – and potentially help a firm avoid harm to its employees and reputation.”
This article is provided for general informational purposes only. It does not, and it is not intended to, provide legal, technical or other professional advice, nor does it amend, or otherwise affect, the provisions or coverages of any insurance policy issued by Travelers. Travelers does not warrant that adherence to, or compliance with, any recommendations, best practices, checklists, or guidelines will result in a particular outcome. Furthermore, laws, regulations, standards, guidance and codes may change from time to time and you should always refer to the most current requirements and take specific advice when dealing with specific situations. In no event will Travelers be liable in tort, contract or otherwise to anyone who has access to or uses this information.
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Sources
1https://www.lawgazette.co.uk/news/city-solicitor-dismissed-unfairly-after-colleagues-assault-lie-tribunal-finds/5121464.article
2
https://www.brunswickgroup.com/media/5192/br17_07-10_spotlight.pdf