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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.
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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 - 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? ? ? ? ?? ? ? ? ? ? ?