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Legal Terms - The Advisory Conciliation and Arbitration Service (ACAS)
The Advisory, Conciliation and Arbitration Service (ACAS) is a legal entity created by the Employment Protection Act of 1975. Its structure and responsibilities are currently regulated by Parts IV and VI of the Trade Union and Labour Relations (Consolidation) Act of 1992. The purpose of the service was to facilitate the enhancement of industrial relations and the advancement of collective bargaining, as stated in section 209 of the 1992 Act. The conciliation role of the organization allows it to intervene in a trade dispute, regardless of the parties' consent, in order to provide support and resources to facilitate negotiations for a settlement.
ACAS does not engage in arbitration for such disputes. However, if both parties agree, ACAS may transfer the dispute to the Central Arbitration Committee or an independent arbiter.
ACAS regularly provides complimentary guidance to employers, employees, and their respective representatives on issues related to employment or industrial relations. The organization develops Codes of Practice that provide guidance on several topics, including disciplinary proceedings, dismissal procedures, and the disclosure of information to trade unions. ACAS has the authority to investigate industrial relations issues, both in a broad sense and specifically related to certain organizations. After gathering input from the parties directly involved, ACAS may release the findings of these inquiries. ACAS has the authority to impose a price for its services when it deems it suitable, but it is required to notify the parties in advance.
ACAS utilizes conciliation officers who can aid parties in an application to an employment tribunal to achieve a resolution prior to the hearing. The legislation pertaining to conciliation is primarily found in Part I of the Employment Tribunals Act 1996. Initially, pre-claim conciliation was not mandatory. However, the Enterprise and Regulatory Reform Act 2013 implemented an additional program that modified the Employment Tribunals Act 1996. This program requires individuals who plan to file a claim with a tribunal to first get in touch with ACAS regarding their claim. This procedure is referred to as Early Conciliation.
ACAS also administers a voluntary Arbitration Scheme, established under the Employment Rights (Dispute Resolution) Act 1998, to promote the resolution of employment disputes between employers and employees without resorting to an employment tribunal. Participation in this scheme is contingent upon the agreement of both parties (refer to settlement agreement). An arbitrator chosen by ACAS issues a legally enforceable ruling on whether a dismissal was fair or unfair. This decision is based on the assessment of the case according to the ACAS Codes, Guidance, or Handbooks.
The Advisory, Conciliation and Arbitration Service (ACAS) is a legal entity created by the Employment Protection Act of 1975. Its structure and responsibilities are currently regulated by Parts IV and VI of the Trade Union and Labour Relations (Consolidation) Act of 1992. The purpose of the service was to facilitate the enhancement of industrial relations and the advancement of collective bargaining, as stated in section 209 of the 1992 Act. The conciliation role of the organization allows it to intervene in a trade dispute, regardless of the parties' consent, in order to provide support and resources to facilitate negotiations for a settlement.
ACAS does not engage in arbitration for such disputes. However, if both parties agree, ACAS may transfer the dispute to the Central Arbitration Committee or an independent arbiter.
ACAS regularly provides complimentary guidance to employers, employees, and their respective representatives on issues related to employment or industrial relations. The organization develops Codes of Practice that provide guidance on several topics, including disciplinary proceedings, dismissal procedures, and the disclosure of information to trade unions. ACAS has the authority to investigate industrial relations issues, both in a broad sense and specifically related to certain organizations. After gathering input from the parties directly involved, ACAS may release the findings of these inquiries. ACAS has the authority to impose a price for its services when it deems it suitable, but it is required to notify the parties in advance.
ACAS utilizes conciliation officers who can aid parties in an application to an employment tribunal to achieve a resolution prior to the hearing. The legislation pertaining to conciliation is primarily found in Part I of the Employment Tribunals Act 1996. Initially, pre-claim conciliation was not mandatory. However, the Enterprise and Regulatory Reform Act 2013 implemented an additional program that modified the Employment Tribunals Act 1996. This program requires individuals who plan to file a claim with a tribunal to first get in touch with ACAS regarding their claim. This procedure is referred to as Early Conciliation.
ACAS also administers a voluntary Arbitration Scheme, established under the Employment Rights (Dispute Resolution) Act 1998, to promote the resolution of employment disputes between employers and employees without resorting to an employment tribunal. Participation in this scheme is contingent upon the agreement of both parties (refer to settlement agreement). An arbitrator chosen by ACAS issues a legally enforceable ruling on whether a dismissal was fair or unfair. This decision is based on the assessment of the case according to the ACAS Codes, Guidance, or Handbooks.
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