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 unionsRight 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?