Acas has updated its Code of Practice on Disciplinary and Grievance Procedures and published a draft for public consultation – see here
The draft Code contains, amongst much else, an important shift towards encouraging employees and employers to address workplace grievances through mediation and facilitated conversations.
That small but important shift is important because it brings mediation under the penalty regime in the Code, i.e. a possible 25% uplift or reduction in compensation for any unreasonable failure to its provisions, including a failure to mediate or have a facilitated conversation.
In view of the plethora of changes coming into effect under the Employment Rights Act, it is hoped that this will allow employers to use mediation to settle claims before they escalate, which has to be a good thing bringing costs and management time down.
The new mediation provisions in the draft Code provide:
- that mediation is not appropriate in all cases.
- the independent third party helping the process should be “an accredited mediator or trained facilitator who is impartial and does not take sides”, either external or a trained independent individual within the organisation. This suggests that some investment by the employer will be advisable.
- a mediation or facilitated conversation can be suggested by either party at any stage and that any such process is voluntary.
- if it is agreed to use mediation, any imminent or ongoing formal disciplinary or grievance procedure should be stayed.
- These processes may not be available in every organisation but it is good practice to offer them in appropriate cases where possible”. Arguably, the circumstances in which it will not be possible are in reality very limited, all but the very smallest of employers should be able to arrange a mediation or facilitated conversation, in most circumstances.
If you would like to discuss how these potential changes may affect your workplace, call us, we are here to help.
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