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FIXING THE FRICTION

FIXING THE FRICTION’ IN EMPLOYMENT

There are some particularly interesting amendments which the Advisory, Conciliation and Arbitration Service (ACAS) has included in its draft revised Code of Practice on Disciplinary and Grievance Procedures. Particularly in how these proposed amendments put such an emphasis on promoting dispute resolution early on when a dispute or grievance arises in the workplace. Specifically recognising that by addressing a problem early on and relatively informally, escalation of a problem can be more effectively prevented.

In this new draft Code of Practice there is a specific section on “Mediation and facilitated conversations”. Paragraph 94 for instance stating, “Mediation and facilitated conversations can be especially beneficial in resolving problems associated with working relationships”.

So it seems that mediation is going to be a process which should be actively considered “to resolve a concern”. This is distinctively noteworthy since, as ACAS itself states:

“Employers should follow a fair procedure in line with the Acas Code of Practice for any discipline or grievance case. The procedure an employer follows and an employee’s actions will be taken into account if the case reaches an employment tribunal”.

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