Jane Bird Acas Director
Acas Acas’ role is to: encourage people to work together more effectively prevent or resolve disputes between employers and their workforces settle complaints about employees' rights provide information, advice and training including Codes of Practice
Acas Codes of Practice Disclosure of information to trade unions for collective bargaining purposes Time of for trade union duties and activities Disciplinary and grievance procedures (1977, 2000, 2004, 2009)
Code of Practice - Discipline and Grievance A shorter, principles based Code Consultation exercise responses More detailed non-statutory guidance in separate document
Code of Practice - Discipline and Grievance Code consists of three sections Introduction Section dealing with disciplinary issues Section dealing with grievances Also has a foreword - not part of the statutory Code
Key elements of new Code Deal with issues promptly - meetings and decisions should not be unduly delayed Employers and employees should act consistently Appropriate investigations should be made, to establish the facts of the case
Key elements of new Code Inform employee of the problem Opportunity to put case before decision made Right to be accompanied at any disciplinary or grievance meeting An employee should be allowed to appeal against any formal decision
Handling disciplinary cases Establish the facts of each case Inform employee of the problem Hold a meeting with the employee Allow the employee to be accompanied
Handling disciplinary cases Decide on appropriate action Provide an opportunity for employee to appeal Special cases – TU lay officials and potential criminal offences
Handling an employee grievance Employee to let employer know nature of problem Hold meeting with employee to discuss problem Allow employee to be accompanied
Handling an employee grievance Decide on appropriate action Allow employee to take grievance further if not resolved Overlap of disciplinary and grievance situations
Code of Practice - Discipline and Grievance New Code came into effect on 6 April Transitional arrangements Employment Tribunals must take Code into account Potential uplift or reduction – up to 25% for unreasonable failure to comply with Code
Acas action on DRR agenda New approach to dispute resolution is more than just a revised discipline and grievance Code Significant investment to help support new approach
Acas action on DRR agenda New enhanced Acas helpline Pre-claim conciliation Mediation Post-claim conciliation
Final thoughts Changing culture for resolving disputes Resolution in the workplace not in the courtroom
Any Questions? ? ? ? ? ? ? ?