ch 23

Question 1

1) What is conciliation?

Answer 1

• Facilitative dispute resolution process
• Non-adj
• 3rd party assists parties in settlement
• Confidential, WP

Question 2

2) What are grievances, complaints and ombudsmen schemes for?

Answer 2

• Give effective speedy relief between customer vs. organisation
• Local inhouse solution

Question 3

3) Difference between conciliation and mediation?

Answer 3

• Most have a statutory basis

* Conciliators appointed by outside body

Question 4

4) What happens if conciliation is unsuccessful?

Answer 4

• Party can use other form of legal redress

* i.e. courts or tribunals

Question 5

5) who is conciliator for employment issues in UK?

Answer 5

ACAS

Question 6

6) When will ACAS conciliation typically be available?

Answer 6

• Parties have tried to resolve the dispute
• Grounds to believe one party can make a valid tribunal claim
• Evidence this service won’t interfere with employment relations

Question 7

7) What is meant by mandatory ACAS?

Answer 7

• ACAS is under a duty to offer the service

Question 8

8) What happens whenever an employment tribunal claim is made?

Answer 8

• Tribunal sends claim and relevant docs to ACAS conciliation
• Informs the parties that conciliation is available

Question 9

9) Role of ACAS conciliator?

Answer 9

• NOT to ensure settlement is fair
• NOT to advise on merits of each parties case
• Inform tribunal once settlement is found
• Record settlement on ACAS settlement form
• Explain process to parties and discuss proposals

Question 10

10) Where can ACAS settlement be enforced?

Answer 10

• County court

Question 11

11) 1st stage of complaints and grievances?

Answer 11

raise complaint

Question 12

12) Why will most schemes refuse to investigate anonymous complaint?

Answer 12

• Grossly unfair to person

* Can’t defend something they don’t have all the facts about

Question 13

13) Typical outcomes of complaint and grievance procedure?

Answer 13

• Apology
• Explanation
• Compensation
• Disciplinary action
• Reduction of bill/refund

Question 14

14) Principles of ombudsmen?

Answer 14

• Accessibility
• Flexibility
• Transparency
• Proportionality
• Efficient
• Quality outcome
• Clarity of purpose

Question 15

15) Grounds on which ombudsmen make their decision?

Answer 15

maladministration

Question 16

16) what counts as maladministration?

Answer 16

• Failure to follow procedure/policy
• Rudeness
• Taking too long
• Failing to act
• Treating complainant less fairly
• Give wrong or misleading info

Question 17

17) When can compensation be given with ombudsmen?

Answer 17

private sector

Question 18

18) What remedies are available to legal ombudsmen?

Answer 18

• Compensation
• Interest
• Limitation on fees
• Putting errors right

Question 19

19) Primary relief in public sector schemes?

Answer 19

• Review of a decision, act, local authority, gov dept

* apology

Question 20

20) what ombudsmen schemes can’t be followed up in court?

Answer 20

• Pension ombudsmen schemes-only one whose decisions are binding

Question 21

21) When will the decision of a financial ombudsmen be final and binding?

Answer 21

• Once complainant accepted the decision when complaint was legal cause of action