Resolving disputes at work Hannah Reed Senior Employment Rights Officer

Overview The revised ACAS Code of Practice: what difference will it make? Benefits of fair workplace procedures The role of trade unions in dispute resolution Mediation at work

Revised ACAS Code of Practice New status for ACAS Code of Practice Code now a source of rules and not simply guidance Increased flexibility with emphasis on natural justice Impact on employment tribunal claims

What difference will new rules make? Employers and employees must still use procedures –Disciplinary charge or grievance in writing –Meeting + right to be accompanied –Employee must be allowed to appeal + right to be accompanied But additional natural justice requirements on employers (act promptly; investigations; provide copies of supporting evidence)

Benefits of fair workplace procedures Increased transparency and trust in the workplace Early resolution of disputes Avoiding need for litigation Employees retain employment Employers avoid recruitment and retraining costs

Role of unions: Right to be accompanied Representing members’ interests Bring expertise Mediating solutions Enforcing employment rights

Collective grievances Code recognises the role for collective grievance procedures Efficient handling of problems affecting more than one employee Tackles systemic workplace issues Ensures all affected workers benefit Reduces vulnerability of workers raising complaints

Mediation at work Mediation can be a useful tool: –Where relationships broken down Should not displace but complement workplace procedures –Mediation may be an outcome of procedures Must be voluntary Must be impartial Must be conducted by experts Employee and union buy-in essential

Any Questions?