ACAS Code of Practice: What You Need To Know

What Does ACAS Do? 

As the name suggests, the Advisory, Conciliation and Arbitration Service provides employees with employment advice and avenues to resolve workplace disputes. Its primary functions, among other things, include: 

• Guidance and Advice on a broad array of employment issues, like disciplinary procedures, grievances, workplace policies, and employment contracts. 

• Conciliation, where they try to facilitate a resolution to the workplace dispute, avoiding the need to take legal action. 

• Arbitration, where an independent arbitrator makes a binding decision on the dispute. 

In addition to the free ACAS employee advice, individuals can benefit from other services for a fee. One such service is mediation, where an appointed third party will correspond with both sides of the workplace dispute in an attempt to reach a ​​mutually acceptable agreement. 

Who Does ACAS Help? Is it Just Employees, or Employers as Well? 

The workplace advice provided by ACAS is for employees and employers alike. While both can benefit from the services outlined above, employers can also make use of the training they offer. 

ACAS’ website provides free training on topics like conflict resolution to promote good working practices and prevent future disputes. If more comprehensive training is required, employers can also pay for a variety of courses. These courses cover several key areas, from managing employee mental health to dealing with unacceptable workplace behaviours. 

What Types of Advice Does ACAS Give? 

The independent public organisation provides free, impartial advice on a wide range of topics related to workplace relations and employment. One of its main areas of advice concerns employment rights and obligations. This includes information about contracts of employment, employee absences and wages. 

ACAS also provides guidance regarding the handling of workplace disputes. It covers how employers should set up grievance and disciplinary procedures to ensure fairness and discusses conflict resolution measures that maintain a harmonious workplace. 

In addition, the service establishes strategies for fostering an inclusive culture that values diversity. As part of this approach, it discusses how employers can create policies that prevent discrimination based on protected characteristics like age, sex, or race. 

Yet the help doesn’t end there. From ACAS redundancy information to guidance on mental health, flexible working and recruitment, the service provides comprehensive advice on all areas of employment.  

This helps employers meet their obligations and ensures employees are well-informed about their employment rights. By providing this advice, ACAS aims to prevent disputes, ensure fair treatment in the workplace, and promote positive employment relations. 

Should I Get Employment Law Advice From a Solicitor or Just Use ACAS? 

Whether an individual should seek employment law advice from ACAS, or a solicitor depends on their specific needs. The independent public body offers free advice for general employment queries, making it widely accessible and a great first point of contact. It has an extensive library of resources that can be used to resolve disputes and provides services that help avoid legal proceedings. 

As a result, obtaining advice from the Advisory, Conciliation, and Arbitration Service can swiftly resolve one’s workplace dispute without breaking the bank. However, the help they can provide is limited. 

For instance, while they can outline the law, they can’t give specific legal advice on what an individual should do. Furthermore, if the individual’s issue relates to a complex legal matter like age discrimination, the general advice obtainable through ACAS would likely be insufficient. 

This is where a solicitor can step in. Although their services aren’t free, a solicitor can provide specialist-tailored advice. They can analyse an individual’s specific circumstances, account for legal nuances, and consider potential outcomes. Once instructed, a solicitor may aid in negotiations, provide court representation, and ensure the individual remains legally compliant. 

Therefore, determining what type of advice is best is a matter that must be looked at personally. If one’s issue is general, it’s advisable to consider help from ACAS in the first instance. Should the matter remain unresolved or be more complex, it’s probably wise to consider seeking expert advice from an employment law specialist. 

What are the ACAS Codes of Practice? 

The ACAS Codes of Practice are a set of guidelines that inform employees and their employers about their rights and responsibilities at work. They provide practical advice on essential aspects of employment law and good practice. Adherence to these codes can help avoid disputes and prove that reasonable steps were taken to resolve them fairly. 

The codes cover five key areas of employment. The first provides guidance on grievance and disciplinary procedures, establishing how they should be conducted to ensure fairness. Code 2 concerns the disclosure of information by employers to trade unions to facilitate collective bargaining. 

The third addresses permitting individuals time off to undertake trade union activities, while the fourth underscores what settlement agreements are and how they should be used. Finally, the fifth code sets out an employee’s right to request flexible working and their employer’s obligations once one has been made. 

What Happens if an Employer Ignores the ACAS Code of Conduct? 

Although the Code of Conduct isn’t an Act of Parliament and serves as a set of guidelines rather than law, failing to adhere can still lead to significant adverse consequences for employers. 

If a tribunal finds that an employer didn’t follow the code, it may determine that the employer acted unfairly, potentially resulting in an unfavourable ruling. In such circumstances, the tribunal can increase the compensation of successful employees by up to 25%. Therefore, adhering to the code is essential for employers. 

Does ACAS Offer Arbitration Services? 

Among the support ACAS offers, individuals can utilise its arbitration service. This is a dispute resolution method in which a neutral arbitrator reviews the evidence and delivers an impartial decision. 

For arbitration to proceed, both parties must agree in advance to accept the arbitrator’s decision as binding. Evidence must be submitted prior to a scheduled hearing, and after the proceedings conclude, the arbitrator would issue a written decision to both parties. 

Collective Arbitration 

This is available when a group of employees have a dispute with their employer. For cases involving collective disputes, the arbitrator’s decision won’t be legally binding. However, it will be ‘binding in honour’, preventing either part of the dispute from going to court. 

Individual Arbitration 

This is available when an employee has a dispute with their employer, but only in cases involving flexible working or unfair dismissal. Unlike cases concerning collective disputes, the arbitrator’s decision will be legally binding for individual ones. 

How ACAS Can Help You 

ACAS offers free, impartial advice, making it an excellent first point of contact for essential employment support. Its extensive online resources may answer your questions, and its range of dispute resolution services could help avoid costly legal proceedings. For employers, ACAS also provides training courses designed to prevent future workplace disputes. 

That being said, if you have a complex legal issue or desire specialised advice, consulting an employment law expert may be the best course of action. In such cases, don’t hesitate to contact Redmans Solicitors. With years of experience in the field, we can discuss your case, address your concerns, and provide tailored advice on how to proceed. 

Contact us now by: 

• Calling 020 3397 3603 
• Completing our online form for a quick chat