Advisory Conciliation and Arbitration Service
(ACAS) A statutory body established under the Employment Protection Act 1975, the composition and functions of which are now governed by the Trade Union and Labour Relations (Consolidation) Act 1992, Parts IV and VI. The service was set up to “promote the improvement of industrial relations” and the development of collective bargaining (s 209 of the 1992 Act). In its conciliation function it may intervene in a trade dispute, with or without the parties’ consent, to offer assistance and facilities with a view to negotiating a settlement.

ACAS does not itself arbitrate in such disputes but, with the consent of both parties, may refer a dispute on to the Central Arbitration Committee or an independent arbitrator.

ACAS frequently gives free advice to employers, employees, and their respective representatives on matters pertaining to employment or industrial relations. It publishes Codes of Practice giving guidance on such matters as disciplinary procedures and dismissal procedures and the disclosure of information to trade unions. ACAS may also conduct inquiries into industrial relations problems, either generally or in relation to particular organizations, and publish the results after considering the views of parties directly affected. ACAS can charge a fee for its services whenever it considers that this is appropriate; however, the parties must be informed of this in advance.

ACAS employs conciliation officers who may assist parties in an application to an employment tribunal to reach a settlement before the hearing. The law on conciliation generally is contained in the Employment Tribunals Act 1996, Part I. Pre-claim conciliation was originally optional, but the Enterprise and Regulatory Reform Act 2013 introduced a further scheme, amending the Employment Tribunals Act 1996, so that anyone intending to make a claim to a tribunal must first contact ACAS about their claim—a process known as Early Conciliation.

ACAS also operates a voluntary Arbitration Scheme, which was set up under the Employment Rights (Dispute Resolution) Act 1998 as a means of encouraging the resolution of employment disputes between employer and employee without involving an employment tribunal; this requires the agreement of the parties (see settlement agreement). An ACAS appointed arbitrator gives a decision that is binding on the parties as to whether the dismissal was fair or unfair, which will be assessed in accordance with the ACAS Codes, Guidance, or Handbooks.

http://www.acas.org.uk/

• Website of ACAS

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