Resolving disputes at work

1. Resolving disputes at work Hannah Reed Senior Employment Rights Officer

2. 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

3. 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

4. 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)

5. 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

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

7. 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

8. 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

9. Any Questions?