Anyone have experiences of ACAS conciliation?
Discussion
It's a very long story, but I work in the public sector. I've been under investigation for nearly 18 months due to allegations made by an ex-partner. I have made the same allegations against her, with evidence.
She has not been investigated or even spoken to, and I'm being crucified.
The 'investigation' has gone on for 12 months longer than it should. I've tried time and time again to press the issue, get updates, find out whats going on. My union is garbage. The internal department investigating me are incompetant and fobbing me off all the time.
Long term, I might try and take my job to a tribunal. I've logged a complaint with ACAS, in the hope that a conciliation about the lack of action could force my job into doing something.
I'm waiting for a call back from them to discuss the matter and how they can help me.
does anyone have any experiences of ACAS in this situation? Are they decent, do they have any power and are they respected by employers? Or are they a toothless tiger? I hope i'm not wasting my time, but I suppose I need to try this first step if a tribunal is a long term option.
She has not been investigated or even spoken to, and I'm being crucified.
The 'investigation' has gone on for 12 months longer than it should. I've tried time and time again to press the issue, get updates, find out whats going on. My union is garbage. The internal department investigating me are incompetant and fobbing me off all the time.
Long term, I might try and take my job to a tribunal. I've logged a complaint with ACAS, in the hope that a conciliation about the lack of action could force my job into doing something.
I'm waiting for a call back from them to discuss the matter and how they can help me.
does anyone have any experiences of ACAS in this situation? Are they decent, do they have any power and are they respected by employers? Or are they a toothless tiger? I hope i'm not wasting my time, but I suppose I need to try this first step if a tribunal is a long term option.
What are you wanting the "Tiger" to achieve on your behalf?
If you intend to go to an ET then (AIUI) you first have to give ACAS a go in trying to resolve matters. Also you can only go to ET if you have been treated unlawfully. Your employer being grossly incompetent isn't (AFAIAW) unlawful. I'd try the following
- Grievance
- ACAS
- ET
If you're Public Sector then I assume you'r Union is one of the big national ones? If so have you considered raising the issue of local incompetence at a regional level?
If you intend to go to an ET then (AIUI) you first have to give ACAS a go in trying to resolve matters. Also you can only go to ET if you have been treated unlawfully. Your employer being grossly incompetent isn't (AFAIAW) unlawful. I'd try the following
- Grievance
- ACAS
- ET
If you're Public Sector then I assume you'r Union is one of the big national ones? If so have you considered raising the issue of local incompetence at a regional level?
What outcomes are you looking for?
You have to bear in mind ACAS are set up to conciliate claims or mediate to prevent a claim. They won't tell you whether you have a valid claim, a chance of success. Even in a conciliation situation where a claim has been submitted their role can be characterized as a go between is claimant tells their side and makes a demand. Employer counters with argument and either responds with a different figure or asks claimant to come back with a sensible number. ACAS rarely add any real value in facilitating a negotiation and a compromise position.
You have to bear in mind ACAS are set up to conciliate claims or mediate to prevent a claim. They won't tell you whether you have a valid claim, a chance of success. Even in a conciliation situation where a claim has been submitted their role can be characterized as a go between is claimant tells their side and makes a demand. Employer counters with argument and either responds with a different figure or asks claimant to come back with a sensible number. ACAS rarely add any real value in facilitating a negotiation and a compromise position.
There is not enough information here to really give you a helpful response and I think you would probably be unwilling to elaborate on a public forum. It is not clear what the allegation is about, whether it’s an allegation that will impact on your employment, whether your ex/partner worked at the same company, what you would like the outcome to be, whether you are working or suspended etc. 18 months is an unreasonably long time to be under investigation by your employer if that is what we are talking about here
Ruskie said:
Ussrcossack said:
As above
I've worked in a union capacity
This sounds too long, if go to the branch Secretary of regional office for advancement
I echo this as a union steward. Take it higher.I've worked in a union capacity
This sounds too long, if go to the branch Secretary of regional office for advancement
Being union, I take it Thomson’s are the solicitors of choice? I think you get a free hour or something and they are very experienced in these matters and maybe worth a call.
Deffo push with the union though. You’ll eventually get to someone who knows what they’re doing.
lyonspride said:
I don't know about the specifics, but in my experience ACAS are useless, govt funded, no interest in doing anything beyond advising companies on how to do whatever they want, without breaking the law.
I've been on the company side of disputes for a long time and have on the odd occasion called ACAS. They are not interested in giving real practical advice based on your circumstances. edc said:
lyonspride said:
I don't know about the specifics, but in my experience ACAS are useless, govt funded, no interest in doing anything beyond advising companies on how to do whatever they want, without breaking the law.
I've been on the company side of disputes for a long time and have on the odd occasion called ACAS. They are not interested in giving real practical advice based on your circumstances. edc said:
I've been on the company side of disputes for a long time and have on the odd occasion called ACAS. They are not interested in giving real practical advice based on your circumstances.
They can't as they risk straying into what some companies and/or individuals would take to be legal advice. They can only deal in generalisations and guidelines, for good reason.APontus said:
edc said:
I've been on the company side of disputes for a long time and have on the odd occasion called ACAS. They are not interested in giving real practical advice based on your circumstances.
They can't as they risk straying into what some companies and/or individuals would take to be legal advice. They can only deal in generalisations and guidelines, for good reason.Check your home insurance, most include cover for employment dispute legal fees. When I was being made redundant (illegally) I said I'd see them in court and their response was 'you can't afford it'. I showed them the clause in my home insurance policy and suddenly a settlement agreement was on the table 
Ronstein said:
Check your home insurance, most include cover for employment dispute legal fees. When I was being made redundant (illegally) I said I'd see them in court and their response was 'you can't afford it'. I showed them the clause in my home insurance policy and suddenly a settlement agreement was on the table
Equally many employers will have legal insurance.Ronstein said:
Check your home insurance, most include cover for employment dispute legal fees. When I was being made redundant (illegally) I said I'd see them in court and their response was 'you can't afford it'. I showed them the clause in my home insurance policy and suddenly a settlement agreement was on the table
Without derailing this thread, how can you illegally be made redundant?Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff