Advisory, Conciliation, and Arbitration Services - Essay Example

ACAS provides organizations to improve their employment practices through their training modules. ACAS also helps employees to resolve their workplace conflicts and offers them various services like mediation, conciliation, and arbitration with their employers so that the employee gets the best services. There are mainly two areas where Andy requires advice: grievance related to worker exploitation and insult; and the threat of dismissal.

     Andy has a genuine case of grievances. When ‘Whinnberry Clothing’ introduced a new area of services and made Andy the sole person to manage the new line of clothing which could be hired for a special occasion, his service contract was not revised and he performed the new set of services without any helpers, while still continuing with his previous duties. Apart from not getting extra remunerations for the extra work, he was made to handle the huge and heavy packages single-handedly at great risk to his physical well-being and health safety which had indeed resulted in severe health problems which were deliberately not acknowledged by his manager. Another major reason was that he was also publicly humiliated by his manager when he refused to lift the heavy packages.

     The threat of unfair dismissal was another major area where Andy needed imminent advice and support from ACAS. Andy was earlier praised for making the new venture successful and profit-making but was not shown any consideration when he started having serious health problems due to the hazardous nature of the work. Instead, he was publicly humiliated and issued a dismissal threat.

     In the case of using the services ACAS in tribunal courts, he would not be expected to pay anything like the services of the solicitors, etc.

Task 2

     The first step of the grievance procedure that Andy must follow is to give a letter to his employers which would give a ‘stage 1 statement of grievance(s)’ (emplaw.co.uk). This step is mandatory before the case can be put to an employment tribunal. The step is designed to promote the amicable settlement of grievances and dispute resolution with an ‘out of court’ settlement, if any, between the employee and employer. The grievance procedures apply to ‘employees’ only.

Task 3

     If the company wants to dismiss Andy, it is imperative that it follows the statutory steps of dismissal. As per the Employment Act 2002, from October 2004, all employers must follow three steps dismissal procedures, in order to give the employee opportunity to represent his points of view which are as follow:

1. The employer must inform in writing about the reasons why dismissal or disciplinary actions against the employee are considered. The employee must be invited to a meeting to discuss the matter and he must be allowed to be accompanied by his colleague or union representative.
2. There should be a meeting
3. An appeal procedure must be established (Dismissal procedure, Target Winters).

Task 4

     Andy is a bonafide employee of the company and the company must follow the statutory procedures of dismissal. Under the employment laws of the UK government, barring specific cases, the employment Act 2002 makes it mandatory for the company to give written information about reasons for an employee’s dismissal. The letter must give enough time to the employee to put up his stand on the case. If this procedure is not followed, Andy has a right to file a complaint against the company for unfair dismissal.

Task 5(a)

Health and Safety in the workplace Guidance for lifting & handling

The booklet is designed to disseminate information regarding the health and safety procedures for lifting and handling that should be followed by employers, with regard to employees’ health and safety issues. The employers, under the Employment Act, are required to implement and promote measures to reduce health and safety-related hazardous tasks. Under the law, the following features/ measures constitute health and safety issues (ACAS, representation at work)

• The company must consult all its employees on health and safety measures
• Under Safety Representatives and Safety Committees Regulations (SRSCR) 1977, the employer must consult those safety representatives on matters affecting the group or groups of employees they represent.
• The employees will have to undergo training to perform such work and the company must make provisions to give time off with pay and also pay any reasonable cost that is incurred in the training.
• The training would be imparted by the TUC or any specialized body recognized by the authority.
• Health and safety inspectors are the main authority to enforce regulations and employers found overlooking the health and safety modules would be committing a serious offense under the law.
• Any employees not in groups covered by trade union representatives must be consulted by their employers under the Health and Safety (Consultation with Employees) Regulations (HSCER) 1996.
• The employees who feel that they have been unfairly dismissed or some action has been taken against them because of the fact that they have taken part in health and safety consultants will have legitimate cause to file a complaint against the company in the employment tribunal.

Task 5(b)

Lifting and handling packages are specialized work that requires training and comes under the purview of health and safety measures, under the employment law. Therefore, Andy is entitled to training and the company must make provisions for training Andy by the suitable authorities like TUC or other trade union body that can impart suitable training to Andy and facilitate the same by giving time off with pay and also by providing any other payments that may incur during the training.