Acas

Topics: Private sector, Dispute resolution, Labour relations Pages: 104 (28871 words) Published: August 3, 2013
Research Paper
Acas conciliation in collective employment diispu yment disputes putes Ref: 05/08

2008 Prepared by Alex Dawe and Fiona Neathey Acas Research and Evaluation Section

For any further information on this study, or other aspects of the Acas Research and Evaluation programme, please telephone 020 7210 3673 or email research@acas.org.uk Acas research publications can be found at www.acas.org.uk/researchpapers

ISBN 978-0-9559264-1-9

Acas conciliation in collective employment disputes

August 2008 Alex Dawe and Fiona Neathey Acas Research and Evaluation Section

TABLE OF CONTENTS
ACKNOWLEDGEMENTS GLOSSARY OF TERMS EXECUTIVE SUMMARY 1. 2. 2.1 2.2 3. 3.1 3.2 3.3 3.4 4. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.7.1 4.7.2 4.7.3 4.8 5. 5.1 5.2 5.3 5.4 6. 6.1 6.2 6.3 6.4 INTRODUCTION SOURCES OF EVIDENCE 2006-7 evaluation of collective conciliation Previous research BACKGROUND Acas What is collective conciliation? What are the objectives of collective conciliation? Collective conciliators WHO USES COLLECTIVE CONCILIATION? Public, private or voluntary sector Industry Subject of the dispute Size of organisation Trade union/ staff association membership Number of unions involved in the dispute Industrial action during the dispute Industrial action before the conciliation Ballots for industrial action before the conciliation Perceived risk of industrial action at the beginning of the conciliation Numbers involved in negotiations on each side WHY DO ORGANISATIONS INVOLVE A THIRD PARTY IN THEIR DISPUTES? Why Acas? Stakeholders as a factor in conciliation decisions Why is Acas collective conciliation not used in all disputes? When do parties come to conciliation? WHAT HAPPENS DURING COLLECTIVE CONCILIATION? Before the conciliation At the beginning of the conciliation During the conciliation At the end of the conciliation 1 2 4 8 9 9 10 12 12 12 13 14 15 15 17 18 19 20 21 21 21 22 22 23 24 25 27 28 29 32 32 33 34 35

7. 7.1 7.2 7.2.1 7.2.2 7.3

WHAT LEADS TO CUSTOMER SATISFACTION AND TO SUCCESSFUL CONCILIATION OUTCOMES? Research background Ipsos MORI analysis (2006-7) Characteristics of the dispute Conciliator behaviours and techniques Conclusion: The role of the conciliator as a driver of satisfaction and outcome CUSTOMER EXPERIENCES OF COLLECTIVE CONCILIATION Customer satisfaction What did customers think of their conciliator? Future use of conciliation OUTCOMES OF COLLECTIVE CONCILIATION AND THEIR CONSEQUENCES Background Settlement trends Perspectives on case outcome Collective conciliation and resolving disputes Settled cases Making progress towards a settlement Going to arbitration Cases with no settlement and where no progress was made What would have happened without Acas? Impacts beyond the dispute Wider impact of conciliation on the customers of the service Impact of collective conciliation on the UK economy CONCLUSION

36 36 39 40 44 49

8. 8.1 8.2 8.3 9. 9.1 9.2 9.3 9.4 9.4.1 9.4.2 9.4.3 9.4.4 9.4.5 9.5 9.5.1 9.5.2 10.

51 51 52 54 56 56 57 57 58 59 60 61 61 62 63 63 65 66

APPENDICES Appendix 1: Appendix 2: Appendix 3: Methods used in the 2006-7 evaluation of collective conciliation Technical details of Ipsos MORI analysis Factors tested by Ipsos MORI analysis

67 67 70 71 74

TECHNICAL ENDNOTES

LIST OF CHARTS Chart 4.1 Chart 4.2 Chart 5.1 Chart 5.2 Chart 5.3 Chart 5.4 Chart 7.1 Chart 7.2 Chart 7.3 Chart 7.4 Chart 7.5 Chart 8.1 Chart 8.2 Chart 8.3 Chart 8.4 Chart 9.1 Volume of conciliation cases by industry Primary cause of dispute (numbers of conciliation requests) All reasons given for involving a third party in the dispute All reasons given for choosing Acas (rather than another 3rd party) How important, if at all was it to demonstrate to each of the following…? At what stage did Acas become involved? Characteristics of the dispute that explain outcomes of conciliation Perceptions of the initial position of the other side Characteristics of the dispute that affect satisfaction with the...
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