Topics: Employment, Discipline, Industrial relations Pages: 5 (2730 words) Published: October 21, 2013
ACAS was formed from the result of Trade Union and Labor Relations Act. In 1974, ACAS was called as the Conciliation and Arbitration Service. However, it was renamed as the Advisory Conciliation and Arbitration Service in January 1975. Thereafter, Acas is made as a statutory body but it is under the terms of the EPA 1975 (Employment Protection Act 1975) (Concannon, H.M.G, 1978). It is split into 4 areas which are the collective conciliation, advisory service, individual conciliation and promotion work (Susan Curtis, Dennis Wright, 2001). The purpose of Acas (Advisory, Conciliation and Arbitration Service) is to make better use of the better employment relations to upgrade the working life and the organization. Their motto is that prevention is always better than cure. As for their mission, it is to improve the organization’s performance and effectiveness through an independent and impartial service so that disputes within the organization can be resolved (source by ACAS Annual Report, 1996)(Michael Sanderson, James Taggart, 1999). They provide best practice just by giving simple advices and services to the members in the workplace. Besides that, advice and guidance are also provided to the Government and social partners. Discipline is defined as the training of mind and character together to make obedience as a habit and self control. In general, it also refers as a punishment for the wrong doing (Hamsioglu & Didem Pasaoglu, 2011). When rules are been broken in the workplace or organization, punishment will be given to the people who violated the rules depending on the consequences of their actions (Cole, Nina D, 2008). Disciplinary rules are required because in the organization, without rules the employees are free to do anything they want and when something happens they are able to get away with it. For example, the employees do not have to be worry about not completing their work and just thinking of earning a free salary by doing nothing. Therefore, it would be more likely to be like a zoo than a productive environment. It is so important that disciplinary rules exists as it is to let the employees know that there is an expected standard to achieve and to provide those managers with necessary authority. However, the procedures should include the principles of natural justice to make better employment relations. Natural justice is by means of treating the employees with fairness (McGuinness, Charles, 2011). The fairness is measured by few elements. Firstly, all matters shall be raised and deal with little or no delay. Each of the party shall act consistently and necessary investigations have to be carried out to bring about the relevant facts so that natural justice can be upheld (Payne, Richard, 2008). Employers shall notify the employees the basis of the problem and allowing them to put their case. Lastly, employees should be able to be accompanied during any formal disciplinary meeting or hearings (Hunt, Dennis, 2005). An example of tribunal case ‘William Hicks & Partners v Nadal’, Nadal’s unfair dismissal claim was upheld by tribunal based on the basis that the employer did not treat her fairly before reaching the decision to dismiss and the employer appealed. The tribunal decision was then upheld by the Employment Appeal Tribunal (EAT). They said that for a dismissal to be fair and in term of natural justice, Nadal as the employee should have be given a chance to tell their case (Eversheds, 2005) There are few stages of disciplinary procedure as not all procedure is usable for all misconduct. The first stage is by giving written warning while the second stage is by giving final written warning. Last stage would be dismissal or other sanction. For minor problems, it will normally deal with informally such as advice, counseling and etc. In the first stage, it would either be verbal warning or written warning which is a legal requirement in UK. When the employee does not meet the expected standard, the company will...

References: (Adrian Wilkinson, 1999), Employment relations in SMEs, Employee Relations Volume: 21 Issue: 3 Available from Emerald [Accessed on 3rd March 2013]
(Westall, Paula, 2009), Employment Act 2008. Available from Google Scholar,_agendas__reports/reports/scrutiny_cr/2009/09-06-02/employment_act_2008.aspx[Accessed on 6th March 2013]
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