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Description
Flashcards by jeyhope.ds, updated more than 1 year ago
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Created by jeyhope.ds
over 8 years ago
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| Question | Answer |
| ACAS | Advisory, Conciliation, and Arbitration Service |
| ACAS is (3) | Government funded organisatioin. It is not mandatory for employees to follow ACAS procedures but tribunals will take them into account and awards may be adjusted by 25% if they fail to follow it |
| Areas where ACAS operates (4) | Preventing and resolving workplace conflicts through collective conciliation and advisory mediation Conciliation in existing and potential claims to employment tribunal Providing information and advice Promoting good practice |
| Conflict can arise from (9) | Bullying and harassment Increase in workload Lack of equal opportunities Poor communication Poor management Poor work environment Unclear job descriptions Unfair treatment Unsolved past conflicts |
| Unsolved conflicts | May become bigger and turn into a claim to the employment tribunal |
| How to solve conflicts (4) | Negotiation Mediation Arbitration Litigation |
| Disciplinary procedures | Policies/plans of action that serve to help organisations deal with discipline issues caused by employees |
| Discipline procedures should (4) | Let employees what is the expected behaviour Consequences of failing to meet that expectation What is considered poor behaviour Disciplinary process steps |
| Discipline procedure steps (5) | Establish facts - Investigation Inform employee Have disciplinary hearing Decide on disciplinary action and inform employee Allow employee to appeal |
| Misconduct (2) | Unlawful behaviour at work Companies should state they consider to minor and gross misconduct |
| Minor misconduct | innapropriate/Unlawful (but not criminal) behaviour and actions |
| Minor misconduct examples (3) | Inappropriate use of company resources (use phone for personal calls) Absence Arriving late |
| Gross misconduct | Serious offences (may be criminal) that usually leads to dismissal |
| Examples of gross misconduct (3) | Fraud Theft Physical abuse |
| Negotiation | Back and forth communication between parties in order to reach an agreement |
| Mediation | Impartial third person serves as "middle man" between parties so they reach an agreement |
| Arbitration | Similar to tribunal system, an arbitration hears both parties and makes a decision in favour of one side |
| Litigation | Solving conflict through courts and civil justice system |
| ACAS should be (3) | Be Impartial Provide advice and services free of charge Be confidential |
| Role of ACAS in dispute resolution (3) | Acas main role is to serve as mediator between parties ACAS must be notified of intentions to make a claim to employment tribunal Then offer "Early Conciliation" service |
| Early conciliation (7) | Available from 6 April 2014 Offered to anyone who wants to make a claim to the employment tribunal Free Voluntary Impartial Independent from tribunal system Confidential |
| Deadline to make claim to employment tribunal | The time they spent in conciliation is the time they will have to raise a claim after conciliation. Example: two weeks spent in conciliation so after conciliation they have two weeks to make a claim |
| Employment dispute (2) | Problems between employee and employer May lead to employment tribunal |
| Making a claim to employment tribunal (3) | Notify ACAS Should try early conciliation service If EC fails make claim using early conciliation certificate |
| ACAS advantages (7) | Confidential Control Free Private Solve problem before it escalates Solve problem without going to tribunal Time |
| ACAS disadvantages (4) | Non-experienced advisor Claimant may have to settle for less/compromise Settlement may not be the best for claimant Costs for government Appealing no |
| ACAS areas of expertise | Conciliation (Individual and Collective) Arbitration Mediation Training |
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