← Lessons 03-Industrial Relations and Employee Rights

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.