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Is it legal to deny non union members access to ACAS after domestic options have failed

Summary of postings

Is it legal to deny non union members access to ACAS after domestic options have failed sossai 21 Jul 07
Re: Is it legal to deny non union members access to ACAS after domestic options have failed Kim Taylor23 Jul 07
Re: Is it legal to deny non union members access to ACAS after domestic options have failed Sue Martin23 Jul 07
Re: Is it legal to deny non union members access to ACAS after domestic options have failed Dave Gilfillan30 Aug 07

Details of postings

Is it legal to deny non union members access to ACAS after domestic options have failed sossai 21/07/2007 08:29
I have been shown a Grievance Policy Procedure that prevents employees who do not belong to a union from seeking redress for their grievances via ACAS after local alternatives have failed.Is this legal?
It states that issues that cannot be resolved within the company can only be referred to ACAS by a union on behalf of the member.Which means staff will either be forced to join a union or abandon the search for a solution.I am not very comfortable with this.Is it legal.
 
+ Re: Is it legal to deny non union members access to ACAS after domestic options have failed Kim Taylor 23/07/2007 07:43 kim taylor500@ ntlworld com

After reading your ommnet I am not surprised that you feel uncomfortable with this.  I think that you will find that anyone can approach ACAS for advise and support and that no company has the right to block their employees usingthis facility.


 


Kim

++ Re: Is it legal to deny non union members access to ACAS after domestic options have failed Sue Martin 23/07/2007 13:10

I agree with Kim. 


ACAS is available to anybody who wants advice and support.  Perhaps you should contact them directly and inform them of this Company's attempt at blocking access.

++ Re: Is it legal to deny non union members access to ACAS after domestic options have failed Dave Gilfillan 30/08/2007 13:13

I think there is a misconception here about the role of Acas which needs to be clarified in order to answer the question properly.


I imagine that your grievance policy is saying that union members can ask their TU to seek Industrial Arbitration through Acas (a once common route, although less so these days).  This would involve the Company and the Union referring a specific question to an independant arbitrator apponted by Acas.  The decision of the arbitrator will be defined in part by whether he agrees with one side of the argument or the other (although that is a gross oversimplification of the arbitration process).


This is not the same as a member of the general public approaching Acas through their helpline for advice and information on their employment rights, whether they are employed or not or involved in a dispute with their employer or not.


You must remember that Acas has no right to intervene in any dispute without the consent of both sides.  Typically, it does not get involved in 'individual' disputes in any case.  It only really 'offers' intervention in national collective disputes or if it is requested to become involved by all parties.


So, regardless of your written policy, your employees have the right to seek advice and information from Acas.  Your recognised TU can, with the agreement of the Company, seek arbitration through Acas, but in neither scenario will Acas provide 'redress'.


Hope this helps.


Dave


 
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