• Acas early conciliation
• When to consult a solicitor

Who are Acas?

The Advisory, Conciliation and Arbitration Service (Acas) is an independent public body funded by the government. The overarching aim of Acas is to improve the working life within companies. Acas improves company working by creating better employment relations, informally solving workplace disputes, and improving overall efficiency.

Additionally, Acas offers free impartial advice to employees and employers on their workplace rights, rules and best practices alongside limited training to help employers resolve disputes.

Some of the areas they advise on include flexible working requests, dismissals, redundancy, and discrimination.

What is the Acas code of practice?

Acas codes of practice are the minimum standard of fairness that workplaces must meet. The codes of practice outline the steps employers should take when dealing with a work-related procedure.

When a company fails to meet these minimum requirements, a workplace dispute can arise and have legal weight in the employment tribunal.

Acas code of practice areas:

1. Disciplinary and grievance procedure. This code of practice guides employees and employers regarding resolving discipline and grievance conflicts in the workplace.
2. Disclosure of information to trade unions. This code of practice guides employers on which information they may have to disclose to trade unions. It protects trade unions from unfair treatment, which may prevent them from securing better working conditions for their members.
3. Time off for trade union duties and activities. Aimed at improving employer-union relationships, this code provides advice on agreeing to paid and unpaid time off for union representatives and members to fulfil duties, conduct training, or engage in union activities.
4. Settlement agreements. A code addressing the use of settlement agreements by companies to resolve serious complaints, disciplinary issues, and grievances in the workplace.
5. Handling reasonable manner requests to work flexibly. Guidance for both employers and employees on managing flexible working requests.

Acas early conciliation

Acas offers an early conciliation service that helps employers and employees resolve disputes informally and confidentially. An Acas neutral adviser will help both parties come to an agreement over phone calls for up to a 6-week period.

If both parties come to an agreement, you will sign a settlement form and the decision becomes legally binding. Once a settlement is agreed, the case will be closed and won’t go to the tribunal.

What happens if the Acas code of practice or early conciliation fails to resolve a workplace dispute?

Suppose you’re engaged in a workplace dispute, and the employer and employee can’t resolve the dispute informally through Acas. In that case, you need to submit a claim to the employment tribunal to resolve the matter.

When claiming to the employment tribunal, the importance of the Acas codes of practice comes into play. These codes of practice are a vital component in the employment tribunal when deciding on the relevance of the case.

When should I consult a solicitor during a workplace dispute?

Whether you’re an employer or employee, you can consult a solicitor at any time during a workplace dispute.

Although you need to report all workplace disputes to Acas before making a claim, you can still consult a solicitor for advice if you don’t want to use their free advice service.

If you choose to go through early conciliation, the Acas advisors cannot take sides, represent you, tell you how strong your case is, or advise on whether a settlement offer is fair. This is where an employment solicitor can help.

An employment solicitor can:

• Identify your legal standpoint
• Explain your options
• Help you make a valid claim to the Employment Tribunal
• Represent you at the Employment Tribunal
• Achieve settlement agreements before a court hearing during conciliation.

Employment disputes can be tricky to navigate, so consulting with a solicitor can help to reduce stress and ensure you understand your position at all times.