2. MACHINERY TO PROMOTE THE IMPROVEMENT OF INDUSTRIAL RELATIONS
2.1 INTRODUCTION
Key areas addressed by legislation include organisations created to improve industrial relations, recognition of trade unions and disclosure of information.
2.2 ORGANISATIONS
Advisory, Conciliation and Arbitration Service (ACAS): statutory, independent body providing conciliation for employers and trade unions who cannot reach agreement.
ACAS may arrange arbitration in a dispute and can provide advice on industrial relations and personnel matters.
ACAS has no statutory power to impose decisions; for arbitration, parties will normally agree in advance to abide by the arbitrator’s decision.
Central Arbitration Committee (CAC): may deal with arbitration where the parties agree, and has powers concerning disclosure of information and trade union recognition.
Certification Officer: responsible for certifying the independence of trade unions.
An independent trade union is one not under the domination, control or influence of an employer, group of employers or employers’ association.
Employment Appeals Tribunal (EAT): hears appeals from Employment Tribunal decisions on points of law.
2.3 RECOGNITION OF TRADE UNIONS
A recognised trade union is recognised by an employer or group of employers for collective bargaining.
Where recognition disputes arise, the CAC may be called upon to rule.
2.4 DISCLOSURE OF INFORMATION
An employer must, on request, disclose to representatives of a recognised independent trade union relevant business information for collective bargaining where it would be in accordance with good industrial relations to provide it.
If an employer fails to disclose required information, the independent trade union may complain to the CAC.
If the complaint is upheld, the CAC makes a declaration specifying the information to be disclosed.