1. Acas Giles Vicat Senior Advisor / Conciliator Acas South West England

2. Acas Advisory conciliation and arbitration service publicly funded independent impartial confidential aims to improve organisations and working life through better employment relations prevents and resolves disputes provides information, advice and training publishes Codes of Practice Website www.acas.org.ukwww.acas.org.uk Helpline 0300 123 1100

3. History 1896 Government launches voluntary conciliation and arbitration service, which also gives free advice to employers and unions on industrial relations and personnel problems 1960 Named the Industrial Relations Service 1972 Renamed the Conciliation and Advisory Service 1974 Service separated from government 1975 Renamed Advisory, Conciliation & Arbitration Service

4. Prevents and resolves disputes

5. Dispute resolution Collective disputes Individual employment rights disputes Workplace mediation

6. Collective disputes Eg potential strike Statutory duty to act if parties wish Conciliation Mediation Arbitration

7. Individual employment rights Potential / current employment tribunal claim Statutory duty to act if parties wish Conciliation Arbitration in stand-alone UD / flexible working claims

8. Acas conciliation If someone has a dispute at work and that person or their employer asks for our help, we can work with them to find a solution acceptable to both, so that they can avoid the need for an employment tribunal

9. Key features of Acas conciliation Voluntary Free Impartial Independent Confidential NB if either side has representative, Acas normally deals through rep

10. Advantages of Acas conciliation Clearer view of case and options for resolution Avoids time, expense, risk and stress of tribunal hearing Settlement on terms agreed by parties, not imposed by tribunal Settlement can include elements not available at tribunal (eg agreed reference, apology etc) Legally binding agreement

11. What conciliators can do Explain their role and the conciliation process Explain the tribunal process and what the tribunal would take into account in deciding the case Discuss options Talk through the issues with both sides to see if a solution can be found without the need for a hearing Act as a go-between and communicate proposals for settlement Help draw up a legally binding agreement

12. What conciliators can’t do Express an opinion on the strengths or otherwise of a case Attempt to predict the outcome of a hearing Advise either side on whether to accept proposals for settlement Act as a representative, take sides, or help one side against the other in any way Try to impose a solution

13. Employment Tribunal claims: how it used to work Claimant submitted ET1 to employment tribunal Tribunal office copied ET1 to Respondent and Acas Acas contacted parties to offer conciliation If claim not settled or withdrawn, proceeded to tribunal hearing No fees at any stage

14. 29 th July 2013: fees introduced Fee structure for single claims Fee typeType A claimType B claim Issue fee£160£250 Hearing fee£230£950

15. 6 th April 2014: Early Conciliation introduced Available from 6 th April Mandatory stage from 6 th May Potential claimant has to notify Acas first so that conciliation can be considered before claim is lodged at tribunal Claimant must enter Early Conciliation Certificate number on ET1

16. Employment Tribunal claims: process from 6 th May 2014 Claimant notifies Acas of intention to claim Acas offers Early Conciliation If claimant wishes to pursue claim at tribunal, submits ET1 and pays issue fee Acas conciliation continues to be available as before If claimant wishes to proceed to tribunal hearing, pays hearing fee

17. Early Conciliation process Conciliation is voluntary – either side can refuse, and tribunal will not take into account Early Conciliation can continue for up to one month Possible to extend Early Conciliation by up to 14 more days if both sides consent and conciliator thinks there is a reasonable prospect of settlement If Early Conciliation is unsuccessful, EC Certificate with reference number as evidence for ET1

18. Effect of Early Conciliation on time limits for tribunal applications Most tribunal claims have to be lodged within 3 months of act complained of When Acas receives Early Conciliation form, clock stops on ET claim until claimant receives Early Conciliation Certificate If Early Conciliation is not successful, claimant has minimum of one month to bring tribunal claim If claim was already out of time before Early Conciliation form submitted, it remains out of time

19. Purpose of Early Conciliation Government hoped Early Conciliation would encourage employers and employees to resolve disputes before they enter the employment tribunal system, and so save parties time and money reduce demand on employment tribunal system Early Conciliation will have been a success if it can be shown that, at least in part, it has caused a reduction in employment tribunal claims and/or earlier resolution of workplace disputes and/or resolution of workplace disputes that lead to better satisfaction with dispute resolution services

20. ET applications Jan – June 2014 5,619 single claims Jan – March 2014 59% fewer than Jan – March 2013 3,792 single claims April – June 2014 70% fewer than for April – June 2013 ET applications down by a third since introduction of Early Conciliation

21. Early conciliation: initial results 17,145 applications to Early Conciliation service April – June 2014 11,355 cases processed during that period 16.5% settled Another 19% said they did not intend to take their case further 7% of employees and 9% of employers rejected offer of conciliation

22. Provides information, advice & training

23. Information / advice employment rights good practice information & consultation mediation managing change redundancies business transfers employee surveys job evaluation etc

24. Information / advice Website www.acas.org.ukwww.acas.org.uk Helpline 0300 123 1100 E-connect Social media Advisory calls / visits

25. Website Guidance Tools & resources for HR / managers forms, letters, templates E-learning Research papers

26. Most recent guidance Bereavement Flexible working Homeworking TUPE Settlement Agreements Redundancy

29. Helpline Open to all Charged at local call rates 8-8 Mon-Fri, 9-1 Sat Anonymous Confidential

30. Acas Helpline 0300 0300 123 1100

31. Top 5 queries to our helpline Holiday pay Flexible working Handling capability issues Disciplinary issues Redundancy

33. Linkedin group

34. Twitter

35. Training Open-access courses advertised on website In-company training All areas of employment relations Typically half-day or full-day Tailored to needs of customer Free e-learning on website

36. Training subjects Employment law updates Recruitment Managing discipline Managing Absence Performance Management Having difficult conversations Handling grievances Equality and Diversity Conducting investigations Health, work and wellbeing Mediation (including Certificate in Workplace Mediation) etc

38. Publishes Codes of Practice

39. Acas Codes of Practice 1.Disciplinary and grievance procedures 2.Disclosure of information to trade unions 3.Time off for trade union duties and activities 4.Settlement agreements 5.Handling in a reasonable manner requests to work flexibly

40. Status of Codes of Practice Approved by Secretary of State and laid before Parliament Can be used in evidence in legal proceedings Tribunals and courts must take into account any part of Codes that appear relevant to any question arising in proceedings But Codes do not impose legal obligations are not an authoritative statement of the law

41. Code of Practice on disciplinary & grievance procedures Tribunals able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provision of the Code if tribunal feels employer has unreasonably failed to follow guidance set out in the Code they can increase any award they have made by up to 25 per cent if they feel employee has unreasonably failed to follow the guidance set out in the code they can reduce any award they have made by up to 25 per cent

42. Top 10 breaches of Acas D&G Code 1.Not warning employee of possible consequences of disciplinary 2.Not setting out nature of accusations clearly to the employee 3.Not furnishing employee with relevant evidence against them 4.Not operating a system of warnings where appropriate 5.Not allowing employee to be accompanied at a disciplinary hearing 6.Relying on evidence from one particular source with no corroborative evidence 7.Absence of adequate appeal stage 8.Failure to keep clear records of whole disciplinary process 9.Delays in dealing with disciplinary issues 10. Having same person deal with whole disciplinary process

43. Right to be accompanied (1) This section applies where a worker - (a) is required or invited by his employer to attend a disciplinary or grievance hearing, and (b) reasonably requests to be accompanied at the hearing. (2) Where this section applies the employer must permit the worker to be accompanied at the hearing by a single companion who— (a) is chosen by the worker and is within subsection (3) Employment Relations Act 1999 s10

44. Right to be accompanied (3) A person is within this subsection if he is— (a) employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation)Act 1992, (b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or (c) another of the employer’s workers. Employment Relations Act 1999 s10

45. Right to be accompanied: old Acas Code on D&G “To exercise the right to be accompanied a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.”

46. Toal v GB Oils Ltd ERA 1999 s10 does not imply that the choice of companion to accompany employees to a grievance hearing must be reasonable If an employee chooses another companion after the first has been rejected this does not mean that the employee has waived their right to be accompanied by their first choice

47. Acas Code on D&G since 11.03.15 “The statutory right is to be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker. Employers must agree to a worker's request to be accompanied by any companion from one of these categories. Workers may also alter their choice of companion if they wish. As a matter of good practice, in making their choice workers should bear in mind the practicalities of the arrangements. For instance, a worker may choose to be accompanied by a companion who is suitable, willing and available on site rather than someone from a geographically remote location.”

48. Revised Acas Code (cont) “To exercise the statutory right to be accompanied workers must make a reasonable request. What is reasonable will depend on the circumstances of each individual case. A request to be accompanied does not have to be in writing or within a certain time frame. However, a worker should provide enough time for the employer to deal with the companion's attendance at the meeting. Workers should also consider how they make their request so that it is clearly understood, for instance by letting the employer know in advance the name of the companion where possible and whether they are a fellow worker or trade union official or representative.” Acas Code on D&G since 11 th March 2015

49. Recent developments

50. Employment Tribunal fees Awaiting decision on UNISON appeal against High Court decisions to refuse applications for judicial review of fees 11th June 2015 Government launched Employment Fees Post Implementation Review, to consider effectiveness of fees at meeting objectives of transferring costs to users who could afford to pay, and encouraging alternative dispute resolution, whilst maintaining access to justice effectiveness of fee remission scheme

51. Holiday pay 2 year cap on all wages claims at employment tribunal from 1 st July 2015 Unite not appealing Bear Scotland decision on 3 month gap breaking series of deductions Eversheds has announced appeal in Lock v British Gas Trading Ltd on inclusion of commission in holiday pay calculations

52. Holiday pay: voluntary overtime Patterson v Castlereagh Borough Council 17 th June 2015 Northern Ireland Court of Appeal “nothing in principle” to prevent purely voluntary overtime from counting towards holiday pay employer was not obliged to offer, and the worker was not obliged to accept the overtime in question

53. Working Time Federacion de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security etc 11 th June 2015 Advocate General of European Court of Justice gave opinion that travelling time to / from different customers on a route determined by the employer counts as “working time”, even when the travelling time is the first / last journey of the day The key issue is whether workers are at the disposal of the employer or not.