Workplace Conflict: Understanding When to Escalate Your Case Externally

03/03/2025

Why Employees Need to Understand the Conflict Resolution Process

Workplace conflicts don't always follow a straight line, and many employees struggle to understand when to escalate their case beyond internal processes. Employers and HR often encourage employees to "follow the internal process" for as long as possible, sometimes to the employee's detriment.

Knowing what stage of the resolution process you're in is critical for making informed decisions. More importantly, understanding when you're free to take your case external can prevent you from getting stuck in a process that's designed to work against you.

If you're facing a workplace dispute and unsure of your next step, WorkplaceDisputes.ie provides expert guidance to help you navigate your options strategically.

The Three Levels of Workplace Conflict Resolution

1. Internal Resolution: The First Step (But Not Always the Best One)

At this stage, the focus is on resolving the issue within the workplace. This may include:

  • Speaking directly to management or HR
  • Raising a formal grievance
  • Participating in an internal mediation or investigation

✅ When should an employee stay in this stage?

  • If the employer is genuinely engaging in a fair process
  • If the issue is minor and can be resolved through discussion

🚨 When is it time to escalate externally?

  • If the internal process is being dragged out without resolution
  • If the employer is using delay tactics
  • If HR is not acting impartially
  • If retaliation occurs after raising a complaint

Many employees believe they must "complete" the internal process before seeking external help, but this isn't always true. If the internal process is being used against you, seeking external guidance early can help you avoid common traps.

2. External Resolution: Pre-Litigation Options

Once internal resolution has failed or stalled, the next step is to explore external resolution. This typically involves:

  • Seeking legal or employee relations (ER) advice
  • Engaging in external mediation
  • Entering settlement discussions

✅ When should an employee engage external help?

  • If the internal process has failed
  • If HR is acting in bad faith
  • If there are legal risks (e.g., discrimination, unfair dismissal)
  • If you are being pressured into a decision (e.g., a forced resignation)

At this stage, external professionals (such as WorkplaceDisputes.ie) can help you strategically navigate your options, ensuring you don't make decisions that weaken your case. Many workplace disputes are resolved in this stage—before they ever reach a tribunal.

3. Adjudication: The Final Step

If all other resolution attempts fail, the final step is adjudication through an independent third party, such as the Workplace Relations Commission (WRC) or the Labour Court.

🚨 Key things to know about this stage:

  • Once your case reaches adjudication, the outcome is out of your hands
  • A third party will review the facts and issue a binding decision
  • The employer is now forced to engage in a formal legal process

✅ When should an employee escalate to adjudication?

  • If all attempts at resolution have failed
  • If the employer refuses to engage in meaningful negotiations
  • If you have strong evidence of wrongdoing (e.g., unfair dismissal, discrimination)

It's important to know that external bodies like the WRC and Labour Court expect employees to have exhausted internal and external resolution steps first. However, if the internal process is clearly unfair, you do not have to stay trapped in it.

Key Takeaways: When Are You Free to Go External?

📌 You do NOT have to complete the internal process if it is being used against you
📌 Getting external guidance early can help you avoid employer traps
📌 Most disputes are resolved before reaching adjudication—if you act strategically
📌 If the employer is dragging things out, refusing to engage, or retaliating, it's time to go external

WorkplaceDisputes.ie: Expert Support for Employees

If you're dealing with a workplace dispute and unsure about your next steps, WorkplaceDisputes.ie provides strategic guidance to help you navigate the process. We specialise in workplace conflict resolution, ensuring employees understand their rights, avoid common HR traps, and achieve the best possible outcome.

📞 Get in touch today to discuss your case confidentially.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. WorkplaceDisputes.ie provides expert employee relations support but does not offer legal representation. If you require formal legal advice, you should consult a qualified solicitor.

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