When an industrial dispute arises, the main aim of the Advisory,
Conciliation and Arbitration
Service (ACAS) is to settle a complaint or claim without the
necessity for it to go before an industrial tribunal.
Complaints relating to such matters as equal pay or sex discrimination
are sent by the industrial tribunal to a Conciliation Officer,
who will attempt to settle the dispute, if the complainant
asks him to or if he thinks that there is a good chance of
a settlement, without the need for a full hearing before the
industrial tribunal. The procedure before the Conciliation
Officer is completely informal, and any statement made to
him is not admissible in later proceedings before an industrial
tribunal unless the person making the statement agrees.
If conciliation fails, the dispute will be heard by an industrial
tribunal, which is concerned with such matters as disputes
arising out of contracts of employment, unfair dismissal,
redundancy, equal pay and sex discrimination. The chairman
of the tribunal is a barrister or solicitor of at least seven
years’ standing, who sits with two other persons who
have knowledge or experience of employment problems in industry
and commerce. The tribunal has power to make or refuse a monetary
award, the amount depending on the circumstances of the particular
case. Hearings before the industrial tribunal are usually
in public, although in exceptional circumstances they may
be in private. Decisions are either unanimous or by a majority,
and are recorded in a document which gives the reasons for
the decision.
See Also:
Tribunals
|