Acas grievances - Code of practice

What happens if there is a dispute about rights at work?

If employers and employees have a dispute about any of the rights listed in this leaflet they have the following options:

1. Resolve the dispute. Employees should always try to resolve a problem or dispute with their manager or employer first. This should be through the organisation’s own grievance procedure. An independent third party or mediator can also help resolve disciplinary or grievance issues. Mediation is a voluntary process where the mediator helps two or more people in dispute to attempt to reach an agreement. Any agreement comes from those in dispute, not from the mediator. Both sides can also come to Acas for advice, either from the helpline or a conciliator. Acas also offers conciliation before a claim is made to an employment tribunal (known as Pre-Claim Conciliation). Pre-Claim Conciliation can save time, money and stress and promote a quick solution which suits the employer and employee and helps them avoid a permanent breakdown in their relationship. For more information ring the Acas helpline on 08457 47 47 47 (lines open 8am – 8pm Monday to Friday and 9am – 1pm Saturdays).

2. An employee can make a complaint to an employment tribunalResolve the dispute. Employees should always try to resolve a problem or dispute with their manager or employer first. This should be through the organisation’s own grievance procedure.

An independent third party or mediator can also help resolve disciplinary or grievance issues. Mediation is a voluntary process where the mediator helps two or more people in dispute to attempt to reach an agreement. Any agreement comes from those in dispute, not from the mediator. Both sides can also come to Acas for advice, either from the helpline or a conciliator.

Acas also offers conciliation before a claim is made to an employment tribunal (known as Pre-Claim Conciliation). Pre-Claim Conciliation can save time, money and stress and promote a quick solution which suits the employer and employee and helps them avoid a permanent breakdown in their relationship. For more information ring the Acas helpline on 08457 47 47 47 (lines open 8am – 8pm Monday to Friday and 9am – 1pm Saturdays).

2. An employee can make a complaint to an employment tribunalcomplaint to an employment tribunal if he or she believes an employment right has been denied or infringed. In most cases, people who are treated detrimentally for exercising their rights may also complain to a tribunal. Complaints normally must be made within three months of the date of the alleged infringement – although there are exceptions (follow the links on the Acas website for details). For nearly all types of complaint, once an application is received an Acas conciliator will contact both parties to see if a settlement can be reached before the case reaches a hearing.

A few points from the

ACAS statutory Code of Practice

4. That said, whenever a disciplinary or grievance process is being followed it is important to deal with issues fairly. There are a number of elements to

this:

• Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation

of those decisions.

• Employers should allow an employee to appeal against any formal decision made.

32. Employers should arrange for a formal meeting to be held without unreasonable delay after a grievance is received.

39. Where an employee feels that their grievance has not been satisfactorily resolved they should appeal. They should let their employer know the

grounds for their appeal without unreasonable delay and in writing.

40. Appeals should be heard without unreasonable delay and at a time and place which should be notified to the employee in advance.

43. The outcome of the appeal should be communicated to the employee in writing without unreasonable delay.

7. The absence of an adequate appeal stage.

The right of appeal is fundamental to ensuring natural justice. Employers should give the employee the opportunity to appeal when the outcome of the disciplinary hearing is communicated to him or her. Appeals should be unbiased and not be a "foregone conclusion".

9. Delays in dealing with disciplinary issues.

Most cases should be dealt with in a matter of weeks and unexplained delays in the disciplinary proceedings will always be frowned upon by tribunals. However, more complex or difficult cases (for example, where fraud or a criminal offence is alleged) will inevitably take longer.

Seems a bit toothless