Jane BirdAcas 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 - 172 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?

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