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Although Acas is largely funded by the Department for Business and Trade, it is a non-departmental public body, governed by an independent council that is responsible for determining Acas's strategic direction, policies and priorities, and ensuring that its statutory duties are carried out effectively. This allows Acas to be independent ...
As Sean C. Doyle states in his work titled, The Grievance Procedure: The Heart of the Collective Agreement, this is due to the fact that, "the process represents an excellent means for achieving consistency in policy formulation and application and can ensure compliance with corporate policy by middle management and supervisors since their ...
This can result from a settlement negotiation of an ACAS conciliation officer. ACAS will supply, though not appoint, an arbitrator. If a dispute goes to arbitration, the advantage can be perceived to be finality, in that the arbitration decision is binding and not capable of appeal to the Employment Appeal Tribunal or otherwise.
A confession could still leave a dismissal unfair if the disciplinary procedure was defective, in fact the employer must always follow a fair procedure before dismissal for misconduct. [ 132 ] If the employee is a trade union official the employer must consult a senior union leader, otherwise unfair dismissal is likely and there may easily be a ...
There is a substantial early history of scholarly work on due process, and union and non-union grievance procedures within organizations. This work focused primarily on rights-based conflict resolution between union and non-union workers and their managers. Scholarly work has evolved to cover both a wider range of conflict management channels ...
On 2 September 1976 all 137 striking workers were dismissed from the company's employ. In the intervening period, APEX had declared the strike "official" and sought a meeting with Grunwick management, as did, informally, the Advisory, Conciliation and Arbitration Service (Acas). The company refused to meet with APEX or ACAS. [3]
Section 139 of the Act was at issue in Murray v Foyle Meats Ltd (1999), where the House of Lords determined that an employee's responsibilities as defined in their employment contract were not at issue when a lawful redundancy procedure was undertaken, but what the employee's actual day-to-day responsibilities are.
Schedule A1 sets out a complicated and detailed procedure for statutory recognition of a trade union by an employer. This was introduced by the Employment Relations Act 1999 section 1 and Schedule 1. The recognition procedure is triggered where unions represent over half of employees or particular groups of employees in a workplace. [13]