ch 23 Flashcards
1) What is conciliation?
- Facilitative dispute resolution process
- Non-adj
- 3rd party assists parties in settlement
- Confidential, WP
2) What are grievances, complaints and ombudsmen schemes for?
- Give effective speedy relief between customer vs. organisation
- Local inhouse solution
3) Difference between conciliation and mediation?
- Most have a statutory basis
* Conciliators appointed by outside body
4) What happens if conciliation is unsuccessful?
- Party can use other form of legal redress
* i.e. courts or tribunals
5) who is conciliator for employment issues in UK?
ACAS
6) When will ACAS conciliation typically be available?
- 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
7) What is meant by mandatory ACAS?
• ACAS is under a duty to offer the service
8) What happens whenever an employment tribunal claim is made?
- Tribunal sends claim and relevant docs to ACAS conciliation
- Informs the parties that conciliation is available
9) Role of ACAS conciliator?
- 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
10) Where can ACAS settlement be enforced?
• County court
11) 1st stage of complaints and grievances?
raise complaint
12) Why will most schemes refuse to investigate anonymous complaint?
- Grossly unfair to person
* Can’t defend something they don’t have all the facts about
13) Typical outcomes of complaint and grievance procedure?
- Apology
- Explanation
- Compensation
- Disciplinary action
- Reduction of bill/refund
14) Principles of ombudsmen?
- Accessibility
- Flexibility
- Transparency
- Proportionality
- Efficient
- Quality outcome
- Clarity of purpose
15) Grounds on which ombudsmen make their decision?
maladministration
16) what counts as maladministration?
- Failure to follow procedure/policy
- Rudeness
- Taking too long
- Failing to act
- Treating complainant less fairly
- Give wrong or misleading info
17) When can compensation be given with ombudsmen?
private sector
18) What remedies are available to legal ombudsmen?
- Compensation
- Interest
- Limitation on fees
- Putting errors right
19) Primary relief in public sector schemes?
- Review of a decision, act, local authority, gov dept
* apology
20) what ombudsmen schemes can’t be followed up in court?
• Pension ombudsmen schemes-only one whose decisions are binding
21) When will the decision of a financial ombudsmen be final and binding?
• Once complainant accepted the decision when complaint was legal cause of action
