Employers across the country are likely to run into conflict between themselves and their employees, for no end to reasons, such as pay, misconduct, disagreements in contracts and working hours. But dealing with these issues can be a tricky conversation to tackle, speak to Employers Advice for expert advice on 0800 470 0613.
What is ACAS?
ACAS is an independent body that works with employers and business owners to improve the working-life balance for employees, employers and the overall business. They offer impartial advice, information and guidance on the rules and practices for employers, employees and representation.
What does ACAS stand for?
ACAS stands for Advisory Conciliation and Arbitration Service. To fully understand ACAS you should look into what arbitration and conciliation is, and learn how they can help you and your business.
What issues does ACAS help with?
ACAS can help employers with a wide variety of problems including, but not limited to:
- Dismissal
- Disciplinary
- Discrimination
How does ACAS help enforce employment law?
ACAS was formed to help businesses find solutions, improve the business’s performance, promote good working practices and solve disputes. ACAS is there to help employers avoid industrial disputes that can lead to large-scale walkouts, by solving the issues before they become a larger disturbance.
The Advisory Conciliation and Arbitration Service employment law to employers and employees guidance on:
- Best practices, policies and rules.
- Working with employees and team members to solve workplace conflicts.
What is conciliation?
Conciliation assistance is for employees and employers when they are planning to put in a complaint about their employer which will lead to an employment tribunal.
What’s the purpose of ACAS early conciliation?
ACAS’s early conciliation process is there to help employees and employers prevent issues from going to an employment tribunal and solve their disputes.
How does ACAS conciliation work?
Conciliation is used to avoid issues going to employment tribunals, this is used to help with individual complaints, for group complaints, they will go through a different process.
For individual complaints, ACAS will speak to all parties involved in the issues, arrange for a mediator to be present at the meetings and aim to reach a settlement agreement without the complaint going to an employment tribunal.
Conciliation is considered to be the last chance at solving issues before an employee’s claim can be heard at a tribunal. When the early conciliation period ends, ACAS may still be involved if either party is still considering different settlement options.
What is Arbitration?
Arbitration is different to conciliation, typically this is where a third-party is brought into the dispute to help find a solution. They work with both they the employer and the employee and provide the following types of arbitration.
- Collective arbitration, This will typically cover cases that involve an employer and a group of employees.
- Individual arbitration will typically cover cases regarding flexible working, or for example, unfair dismissal.
How does the Arbitration service work?
An arbitration service is there to help make and improve working relationships between employers and employees.
Typically, ACAS will appoint an arbitrator, and each side must be in agreement with the decision for the process to start. At the next stage, the arbitrator will arrange a hearing covering each element of the dispute or event.
The hearing process is the following:
- Confirm the issues that a decision needs to be made on.
- Allow all parties to present their case and evidence.
- Discuss the case in detail, and answer questions related to the issue.
- Each party will be allowed to ask questions related to the evidence presented.
Typically the results are sent within 14 days for individual disputes and 21 days for collective disputes.
What is the ACAS code of practice?
ACAS’ code of practice are the standards that a workplace is expected to follow by both the employer and employees.
The Code of Practice includes the following:
- Code of practice on time off for trade union duties and activities
- Code of practice on the disclosure of information to trade unions for collective bargaining.
- Code of practice on settlement agreements.
- Code of practice on disciplinaries and grievances.
The ACAS Code should be used to help run your businesses smoothly and avoid employment tribunals. There are many statutory codes of practice, and if the employer doesn’t follow it, it can lead to an increased award at tribunal.
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