From: DALC <info@devonalc.org.uk>
Sent: 01 April 2014 15:42
To: clerk@dartmoorforestpc.net
Subject: DALC Newsletter April
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Chief executive
of Acas, Anne Sharp, on how to stay out of employment tribunals Acas:
'The earlier you start talking, the greater the chance of success' The new
system of Early Conciliation is shaking up the way employment tribunals work
– from April 2014, employees will only be able to bring a claim if they can
demonstrate they have contacted Acas first. People Management asked Acas
chief executive Anne Sharp to explain further. How
is early conciliation going to work? Employees will fill in the form
on our website, then Acas will contact the employer by phone to act as a kind
of broker to help the two sides come to some sort of agreement. This may mean
that the claim does not progress to tribunal, which could save both parties
time and money as tribunal fees came into force in July. All conversations
are conducted on a 'without prejudice' basis, so nothing said during this
process can be used later on in a tribunal. Are
there any downsides? Neither party has anything to lose, it's not an
all-or-nothing situation. Although there are a few misconceptions I've heard
– for example, people think it will add a huge amount of time to the process,
but we stop the clock for just a month. I have heard concerns that delays
will occur when the parties aren't interested in conciliation. If there isn't
any prospect of conciliation we're not going to artificially delay proceeding
to the employment tribunal. I've also heard concerns that the process is
complicated, but actually it's very straightforward. Will
it really reduce HR's burden in such cases? There's no doubt
that in many disputes, once people write down their claim and their employer
responds in an equally formal way, people can find it quite difficult to have
a conciliation conversation as they become more and more entrenched in their
positions. The earlier you can get people talking, the more chance there is
of success –and that saves time, trouble, costs and stress to everybody
involved. What
can't the process do? The service is not there to make
judgments on whether a tribunal claim is merited or not – that's a judicial
function. So whether the claim is about discrimination, victimisation or
unfair dismissal our conciliators are happy to deal with it, so long as both
parties are happy to have the conversation. But you can't force people to talk
to each other and reach a settlement. Sometimes one party or the other will
absolutely, resolutely want the matter to be heard in front of a judge and
that's what the judges and tribunals are there for. Do
you foresee a rise in industrial action? There are quite
a few disputes at the moment. But good practice in the workplace and
effective relationships with employees – giving a voice to employees, trade
unions and other forms of collective representation – helps minimise both
individual and collective disputes if you get it right. |
Local Councils EXPLAINED We have
a small stock of these fantastic books from NALC. They cost just £49.99
(plus £5 p&p) and covers everything about the role of the local council
and how they work. It is jam packed with comprehensive and practical
guidance and legal issues too. To order
your copy email lesley@devonrcc.org.uk Vacancies There
are a number of vacancies on our website. See the job adverts at www.devonalc.org.uk/vacancies
Take part in Healthwatch Devon's online survey This
month Healthwatch Devon wants to know what choices individuals make when
seeking non-urgent medical care (advice and/or treatment). This is in
light of a recent report which claimed nearly 1/5 of people went to A&E
for a non-emergency. Do you
find it easy to see your GP? Where do you go for advice? Take
part in the survey. Ends
23rd April. |
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Devon Association of
Local Councils, First Floor, 3 & 4 Cranmere Court, Lustleigh Close,
Matford Business Park, Exeter, EX2 8PW You’re receiving this
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