Aims of Advisory Conciliation and Arbitration Service - Assignment Example

People at Work - Dealing with Change, Discipline and Grievance at Whinnberry Clothing - Task 1: Tell Andy about ACAS and how they could help him solve his problem (a) with grievance; and (b) if the company want to dismiss him without having a good reason to do so. Founded back in 1975, Advisory, Conciliation and Arbitration Service (ACAS) is a non-departmental body that is governed by an independent Council which provides a fair and unbiased professional public service that promotes work equality and diversity. (ACAS, 2008c) Considering the 30 years in this business, the experts who are working at ACAS could effectively address the individual concerns of each complainant. ACAS aims to improve the working experience of each employee by providing them with sufficient and free up-to-date information and advices as well as a high quality training that will improve the working condition within the workplace including the relationship between employers and employees. (ACAS, 2008a) In general, Andy could easily log on to ACAS website www.acas.org.uk in order to read through some of the ACAS’ publication related to the necessary steps and procedures when solving working matters related to grievance as well as the practice of fair and unfair dismissal at work. Another way of solving the problem is for Andy to call the telephone helpline #084-57474747 (ACAS, 2008b). Either by a telephone call or e-mail Andy’s primary concern with his current job at Whinnberry Clothing, Andy can immediately get a free advice with regards to his grievance with the management behind Whinnberry Clothing (particularly his immediate boss) as well as some guidance with regards to the legal grounds wherein the company could dismiss him from work. Task 1.2: Will Andy have to pay for the services of ACAS? For the phone and/or e-mail advice, Andy does not have to pay for the services of ACAS since the main goal of ACAS is basically to improve the working experience of each employee by giving the free advice with regards to their work concerns. (ACAS, 2008a) Task 1.3: If the ACAS are used to help solve Andy’s complaints who will pay for any tribunal court costs? Andy is worried about this as he is not earning a lot of money and cannot afford the services of a solicitor or a barrister, especially if he loses his job. In case ACAS is used to help solve Andy’s complaints with regards to his case, Andy will have to pay for the tribunal court costs unless the company Andy is currently employed with agrees to pay for Andy’s tribunal costs. Depending on the court judgement, it is also possible for the tribunal to order Whinnberry Clothing to pay for the tribunal costs on behalf of Andy in case the tribunal finds the case of Andy to be a victim of such circumstances. (The Employement Tribunal, 2004) In order to avoid the high cost of tribunal court cases, ACAS would normally advice both parties (Andy and the management of Whinnberry Clothing) to solve the problem without having the need to proceed with employment tribunal. In this case, ACAS would act as the conciliator upon solving the case of dismissal and/or health detrimental issues of Andy caused by improper way of lifting and handling of heavy boxes of clothing. (ACAS, 2008f) Task 2: Draw an outline of the Grievance Procedure that Andy should follow. Grievance Procedure 1 Let employer know the causes of grievance. Preferably in writing 2 Hold a meeting with employee to discuss the grievance wherein employee will be allowed to express his/her grievance in order to find solution. 3 Allow employee to be accompanied in the meeting. (If possible, settle grievance informally with the line manager) 4 Decide on appropriate action 5 In case grievance is not resolved, allow employee to take the grievance further on court appeal. Source: Acas – Draft for Consultation: Draft Code of Practice on Discipline and Grievance, 2008d Task 3: Draw a simple diagram to show the Dismissal Process that must be met if the company wants to dismiss Andy. Dismissal Procedure 1 Employer should make a written statement with regards to the allegation or grounds for employee’s dismissal. 2 Employer should hold a meeting with employee to discuss the situation. 3 Employee will have the right to appeal for employment tribunal. If both employer and employee agree, the case can be subject to Acas Arbitration Scheme. Source: Acas – Dismissal, 2008e Task 4: Write an explanation to Andy of the Dismissal Process and how, if this is not done properly, he can also have a complaint against the company for Unfair or Unlawful Dismissal. With regards to a proper dismissal process, the management of Whinnberry Clothing must give Andy a written statement with regards to the ground for dismissal. Upon presenting the written statement to Andy, employer should call for a meeting in order to discuss the whole situation with the employee. Given the fact that Andy’s manager has been unreasonable for not responding properly to Andy’s health concerns due to work overload, absence of proper trainings on health and safety and necessary lifting and handling aids within the work environment; Andy has the right to call for an appeal. (ACAS, 2008e) Given that the management of Whinnberry Clothing fails to follow the proper dismissal procedure, Andy have the option to call for an employment tribunal in order to determine whether dismissal from work is unfair on the part of the employee or not. (ACAS, 2008e) To make a complaint agaisnt unfair dismissal, Andy should make an application to an employment tribunal by completing the form ET 1 (E/W) or ET 1 (Scot) during or within the first three months from the time the employer has announced the plan for dismissal. (Department for Business Enterprise & Regulatory Reform, 2008) Task 5.1: Write a guidance booklet entitled “Health and Safety in the Workplace Guidance for Lifting and Handling”. This booklet is for all people in the company but should particularly focus on the responsibilities of the company with regard to the Health and Safety Issues concerned with lifting and handling. Title: Health and Safety Management in Workplace: Guidance for Lifting and Handling Aim: This booklet will serve as a guide to Whinnberry Clothing employees with regards to the responsibility of the company with regards to the proper lifting and handling of heavy packages of mens’ clothing. Rationale: Knowing the basic rules on health and safety minimizes the risk of possible physical injuries and accidents within the working environment. Guidance Booklet: 1. It is the legal duty of employers to inform the workers regarding the health and safety (H&S) procedures within the working environment in order to ensure the health and safety of each employee. (Riddor, 2007) 2. HR Department should properly screen, assess, and select the applicants properly and provide each employee with health and safety trainings. i.e. the application of proper body mechanics, good lifting and handling techniques for pushing and pulling which could minimize employees’ risk of suffering from strains and sprains during handling and lifting; and the proper usage of automated or mechanical lifters. (Health and Safety Executive, 2007) 3. The management should ensure that the company have sufficient handling aids or mechanisms such as: conveyor, pallet truck, trolleys, electric or hand-powered hoist; hydraulic lifts; or a lifting truck to prevent employees from manually lifting heavy packages. (Health and Safety Executive, 2007 & 2005) Task 5.2: Should Andy have been given any training for the lifting and handling he has to do every day in his job? If so, who is responsibility for arranging this training? Yes. Andy including other employees of Whinnberry Clothing should be provided with necessary trainings related to proper lifting and handling of heavy loads. Basically, as an employer, Whinnberry Clothing is responsible in protecting the health and safety of Andy including the rest of its 300 employees. Trainings on lifting and handling should include topics related to the application of proper body mechanics, good lifting and handling techniques for pushing and pulling, and the proper usage of automated or mechanical lifters. (Health and Safety Executive, 2007) The training should also include the proper way of using mechanical or automatic lifting machines in case Whinnberry Clothing have decided to invest on this type of handling equipments. Josh Wiggins – Andy’s manager should be in-charge of arranging for proper trainings related to health and safety issues in order to protect the physical health of the employees from strenuous job such as the lifting and handling of heavy boxes of clothing. It is also possible for Wiggins to seek the professional help of some ergonomic experts or simply contact ACAS when it comes to providing its existing employees with the acceptable way of handling and lifting. By doing so, Whinnberry Clothing could save a huge amount of money, time, and effort as employees try to increase their daily productivity within the working environment. *** End *** References: “ACAS.” 2008b. Contact Us. 20 May 2008 . “ACAS.” 2008a. About Acas. 20 May 2008 . “ACAS.” 2008c. Our Vision. 20 May 2008 . “ACAS.” 2008d. Draft for Consultation: Draft Code of Practice on Discipline and Grievance. 20 May 2008 . “ACAS.” 2008e. Dismissal. 20 May 2008 . “ACAS.” 2008f. Acas Conciliation Sevices Q&A. 20 May 2008 . “Department for Business Enterprise & Regulatory Reform.” 2008. Dismissal - fair and unfair: a guide for employers. 20 May 2008 . "Health and Safety Executive." September 2007. Getting to Grips with Manual Handling: A Short Guide. 20 May 2008 . “Health and Safety Executive.” 2005. HSE: Are you making the Best Use of Lifting and Handling Aids? 20 May 2008 . “Riddor.” 2007. General Information on Riddor 95. 20 May 2008 . “The Employement Tribual.” October 2004. Responding to a claim to an Employment Tribunal: This booklet contains a form for responding to a claim to an Employment Tribunal. 20 May 2008 . Read More