What Does ACAS Do? An Employee's Guide to ACAS

What is ACAS?

ACAS stands for Advisory, Conciliation, and Arbitration Service. This independent, government-funded public body helps millions of employees and employers with work-related issues each year. So, if a company or individual has any questions about employment law, the ACAS website will likely provide the answer

The website hosts information on a wide range of topics, including redundancies, dismissals, discrimination, and well-being. Should parties be dealing with a work-related dispute, ACAS also offers services to help resolve the matter. Depending on the circumstances, people in the UK workforce can take advantage of its conciliation or arbitration services.

What Does ACAS Do?

ACAS gives free and impartial advice to employees and employers on employment rights, best practices, and dispute resolution. While its website proves to be an excellent resource and a starting point for many, people can also contact the service’s helpline for more comprehensive support.

For parties struggling to resolve a workplace issue, they can also take advantage of free dispute resolution services. ACAS conciliation represents one such service, where the organisation acts as an independent, impartial third party, attempting to guide the disputing parties toward a solution. This service is voluntary, and neither party has to accept a solution, but early conciliation must occur before employment tribunal proceedings can be brought.

ACAS arbitration forms the other free dispute resolution service it provides. While the organisation would remain a neutral third party, it would take on additional responsibility, acting as a judge. Once each side has submitted their arguments and supporting evidence, ACAS would make a final, legally binding decision.

If neither of the free dispute resolution services is appropriate, a paid mediation service is also available. Although similar to conciliation, mediation typically occurs earlier in a dispute and looks to preserve working relationships.

Should training be desired, the independent public body also provides free and paid options. The free training consists of online modules like contracts, DEI, and mental health. Meanwhile, the paid service includes courses on conducting investigations, managing workplace absences and mediation skills.

Do They Give Advice?

As mentioned, ACAS gives impartial advice, free of charge, to both employers and the workforce. So, employers can seek guidance on workplace best practices and policies, as well as how to resolve disputes, and employees can learn about their employment rights.

Depending on someone’s preference, this advice can be obtained in a variety of ways. Much of the organisation’s advice can be found published on their website or in downloadable booklets. However, if this doesn’t suffice, users can attend training courses and events or get in touch via their helpline.

Should You Take Employment Law Advice From ACAS or a Solicitor?

While ACAS provides free, impartial advice concerning employment law and the potential options available, they don’t offer personalised guidance concerning one’s specific circumstances. This is where the value of a solicitor can come in.

If a party has a generalised employment query, ACAS may offer the necessary answers. However, if said party specifically wants their circumstances assessed before receiving tailored advice on the next steps, they would need to consult an employment law specialist.

Before early ACAS conciliation, or during settlement agreement negotiations, a solicitor could provide expert guidance on what strategy to adopt that will help reach the most favourable outcome. The same would apply should the matter end up in court, where the solicitor would help present one’s case.

While a solicitor’s services may come with a fee, their advice could help raise the value of one’s settlement or award. Additionally, if someone is unsure about the costs, a no-win, no-fee agreement may offer a solution if available. In such arrangements, the individual would only be obligated to pay if their case is successful. Ultimately, each party would need to evaluate their circumstances to decide the best course of action.

What are the ACAS Codes of Practice?

The ACAS Codes of Practice establish the minimum expected standards concerning the handling of workplace grievances, disciplinaries, performance, and more. They are designed to promote fair and reasonable processes in the workplace and should be followed by both employers and employees. There are five codes in total:

• Disciplinary and Grievance Procedures
• Disclosure of Information to Trade Unions for Collective Bargaining Purposes
• Time Off for Trade Union Duties and Activities
• Settlement Agreements
• Requests for Flexible Working

While the Codes of Practice aren’t legally binding in themselves, they carry significant weight in employment tribunal proceedings. Should a party be found to have not adhered to the expected standards, tribunals may rule less favourably against them.

What Happens if Your Employer Breaches the Codes of Practice?

It’s in an employer’s best interest to comply with the ACAS Codes of Practice. Failure to do so won’t lead to an employment tribunal claim alone; however, if a claim for something else is brought, the tribunal will consider it in their judgment. Should the claim be successful, the tribunal can adjust the compensatory award by up to 25% for unreasonable failure to comply with any provision of the Codes.

However, it’s important to note that employees are bound by the Codes, too. If an employee is found to have unreasonably failed to remain compliant, the tribunal could reduce their award by up to 25%.

If you have any further queries or want help with an employment law issue, please feel free to reach out. Redmans Solicitors are specialists in the sector, and following a quick consultation, we can discuss your circumstances and provide advice on your possible next steps.

To learn more about how we could help you, please:

• Phone us on 020 3397 3603
• Request a chat by filling out our online form