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ACAS role in dispute resolution

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jeyhope.ds
Created by jeyhope.ds over 3 years ago
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Question Answer
ACAS Advisory, Conciliation, and Arbitration Service
ACAS is (3) Government funded organisatioin. It is not mandatory for employees to follow ACAS procedures but tribunals will take them into account and awards may be adjusted by 25% if they fail to follow it
Areas where ACAS operates (4) Preventing and resolving workplace conflicts through collective conciliation and advisory mediation Conciliation in existing and potential claims to employment tribunal Providing information and advice Promoting good practice
Conflict can arise from (9) Bullying and harassment Increase in workload Lack of equal opportunities Poor communication Poor management Poor work environment Unclear job descriptions Unfair treatment Unsolved past conflicts
Unsolved conflicts May become bigger and turn into a claim to the employment tribunal
How to solve conflicts (4) Negotiation Mediation Arbitration Litigation
Disciplinary procedures Policies/plans of action that serve to help organisations deal with discipline issues caused by employees
Discipline procedures should (4) Let employees what is the expected behaviour Consequences of failing to meet that expectation What is considered poor behaviour Disciplinary process steps
Discipline procedure steps (5) Establish facts - Investigation Inform employee Have disciplinary hearing Decide on disciplinary action and inform employee Allow employee to appeal
Misconduct (2) Unlawful behaviour at work Companies should state they consider to minor and gross misconduct
Minor misconduct innapropriate/Unlawful (but not criminal) behaviour and actions
Minor misconduct examples (3) Inappropriate use of company resources (use phone for personal calls) Absence Arriving late
Gross misconduct Serious offences (may be criminal) that usually leads to dismissal
Examples of gross misconduct (3) Fraud Theft Physical abuse
Negotiation Back and forth communication between parties in order to reach an agreement
Mediation Impartial third person serves as "middle man" between parties so they reach an agreement
Arbitration Similar to tribunal system, an arbitration hears both parties and makes a decision in favour of one side
Litigation Solving conflict through courts and civil justice system
ACAS should be (3) Be Impartial Provide advice and services free of charge Be confidential
Role of ACAS in dispute resolution (3) Acas main role is to serve as mediator between parties ACAS must be notified of intentions to make a claim to employment tribunal Then offer "Early Conciliation" service
Early conciliation (7) Available from 6 April 2014 Offered to anyone who wants to make a claim to the employment tribunal Free Voluntary Impartial Independent from tribunal system Confidential
Deadline to make claim to employment tribunal The time they spent in conciliation is the time they will have to raise a claim after conciliation. Example: two weeks spent in conciliation so after conciliation they have two weeks to make a claim
Employment dispute (2) Problems between employee and employer May lead to employment tribunal
Making a claim to employment tribunal (3) Notify ACAS Should try early conciliation service If EC fails make claim using early conciliation certificate
ACAS advantages (7) Confidential Control Free Private Solve problem before it escalates Solve problem without going to tribunal Time
ACAS disadvantages (4) Non-experienced advisor Claimant may have to settle for less/compromise Settlement may not be the best for claimant Costs for government Appealing no
ACAS areas of expertise Conciliation (Individual and Collective) Arbitration Mediation Training