Revisions to the Acas Code: A Welcome Step for Workplace Mediation — With More to Do
Revisions to the Acas Code: A Welcome Step for Workplace Mediation — With More to Do
Acas has published a draft revised Code of Practice on Disciplinary and Grievance Procedures, marking a meaningful step forward for workplace mediation. The Civil Mediation Council welcomes the development, and sets out where the provisions could go further.
BY THE CIVIL MEDIATION COUNCIL
The Civil Mediation Council welcomes the inclusion of mediation and facilitated conversations within the body of the new draft Acas Code of Practice. This is an important development. It is particularly welcome that the responsibility to consider informal resolution is framed as something relevant to both employers and employees.
We also believe the current provisions could be strengthened considerably if the Code is to properly support effective early resolution of workplace conflict. Our concern is that the drafting is currently rather cautious. It provides a number of examples of circumstances in which mediation may not be suitable, but gives less guidance about when mediation can be particularly valuable and how it can be used effectively.
This matters because the Code will be read and applied by people with very different levels of experience and understanding of mediation. For example, the fact that a formal investigation or decision is required does not necessarily mean that mediation has no role to play. Similarly, a difference in workplace status or power does not necessarily make mediation inappropriate. The important question is whether the process can be managed safely and whether those involved can participate freely and meaningfully.
We would therefore encourage Acas to build on what is already a welcome recognition of informal resolution by providing clearer and more positive guidance on mediation and facilitated conversations.
The inclusion of mediation in the body of the Code is a significant and welcome step forward. We hope that the ongoing consultation will help ensure that the final provisions give more clarity to the role of mediation and that all stakeholders are given the confidence to make use of mediation as a real contribution to resolving workplace conflict.
The Civil Mediation Council looks forward to contributing constructively to the consultation, which closes at 11.59pm on the 23rd September.
