The Role of ACAS in Employment Disputes

ACAS is the abbreviated name given to the Advisory, Conciliation and Arbitration Service. This is a publicly funded and independent service who seek to improve the relationship between employers and their staff and help to ensure that employment rights are observed.

ACAS offers training and advice on several employment matters and is often used as an alternative to an employment tribunal when there are disputes between employers and employees.

ACAS is a confidential, cost effective and informal way to negotiate resolutions and to resolve differences, making it more attractive than a tribunal in many cases.

The following guide explains ACAS in more depth, including the roles the organisation has in employment disputes, the services that they offer and how they are the preferred choice in many instances.

The Services Offered by ACAS

ACAS offers three main services by way of helping to resolve disputes and differences between employers and employees. They are:

• Conciliation
• Arbitration
• Mediation

Conciliation

The aim of using ACAS' conciliation service is for both parties to reach an amicable resolution to their dispute and result in an acceptable agreement. This is achieved with the support of ACAS to recognise the root of the dispute and allowing both parties the opportunity to put forward their point of view.

Through a calm environment, this often allows the other party to recognise and evaluate both sides. Both employers and employees are offered private meetings with ACAS to discuss the matter privately and to receive advice.

Both parties are then invited to discuss the case openly and attempt to reach an amicable resolution. In doing so, employers and employees are usually able to recognise where the other party is coming from, reach an agreement and rebuild their relationship so that they can move forward effectively.

Once an agreeable resolution is decided on, the settlements made through ACAS will be finalised and legally binding between both parties.

Arbitration

Arbitration requires the involvement of a third party who will make decisions on the case on behalf of all parties. Through arbitration, employers and employees will agree to the third party involvement from the outset and will await the third party's decision. They must observe this decision and make any necessary awards as deemed appropriate.

ACAS processes do not need a formal pleading as would be required at a tribunal and no witnesses or documents will be requested. Instead, ACAS tries to take an informal and flexible approach which is more cost effective and usually much less stressful than court proceedings.

Rather than relying on witness statements and documentary evidence, ACAS aims to make decisions based on fairness and personal accounts. Once an arbitration decision has been made by ACAS, it is final and is therefore very difficult to dispute or challenge an award that has been made.

During the arbitration process, ACAS is responsible for the following roles:

• To appoint the arbitrators who will evaluate and make decisions on the case
• Offer administrative support to all parties
• Assess award decisions to pick up any errors or discrepancies and highlight these with the arbitrator

For arbitration to go ahead, all parties must give prior agreement. Each party must give their agreement in writing and at least 14 days before the hearing, all parties must submit any relevant documentation along with a statement presenting their position.

All parties are entitled to be present at the hearing, and ACAS will provide a date, time and location that suits all. The hearing will be an informal process, and each party can choose a representative. Awards that are determined at the end of the hearing will be issued within three weeks of the hearing's conclusion.

An arbitrator is selected by ACAS based on their experience and knowledge of employment disputes and resolutions. The arbitrator cannot be influenced or swayed by either party and must be impartial from the outset.

Each arbitrator is required to provide written confirmation that they do not know either of the parties before the case commencing to ensure a fair process. The role of the arbitrator includes:

• To decide the size of any award
• Inviting each party to present their side of the case
• Giving each party the opportunity to respond to the other side
• Working in a manner that minimises time and costs as much as possible.

Mediation

Mediation works in a similar way to arbitration, except that awards are not issued through this process. Instead of issuing awards, mediators seek to make recommendations to each party in order for solutions to be reached. Each party is entitled to take on the recommendations or can choose not to, as they are not obliged to follow the advice of the mediator.

The role of the mediator is to act as a guide to the involved parties, helping them work through the processes and identify matters that may help to reach an amicable solution. The mediator will determine how the process progresses, but it will usually follow the process below:

• The mediator will speak to each party individually to ascertain the cause of the dispute
• The mediator will help each party to understand what it is that they want and how they can reach a solution
• Mediators will encourage each party to look at the case from the perspective of the other side and then make suggestions as to how resolutions can be reached.

All parties can speak openly to a mediator from the outset, and their conversations will not be relayed in the earliest stages. Once the mediator believes it is appropriate, they will bring both parties together to allow them the opportunity to speak to each other openly and without interruption.

The mediator will guide this meeting by asking questions and by issuing encouragement for both employers and employees to reach a solution. If the parties are not able to reach a resolution through this process, they can request that the mediator issues formal recommendations that they can follow to move forward.