Working with Acas: informing advice, policy and guidance
Submitting Institution
University of Central LancashireUnit of Assessment
Business and Management StudiesSummary Impact Type
PoliticalResearch Subject Area(s)
Commerce, Management, Tourism and Services: Business and Management
Summary of the impact
Over the last five years, researchers within the Institute for Research
into Organisations, Work and Employment (iROWE) have worked closely with
policy-makers at the Advisory, Conciliation and Arbitration Service (Acas)
to develop a programme of research that has provided new evidence in the
areas of conflict management and downsizing. This has been central in
re-shaping Acas's strategic priorities to include explicit reference to
conflict management for the first time. It has also informed Acas's
response to government over proposed employment reform and been used to
develop new guidance in respect of redundancy handling, representation and
workplace mediation. These impacts were sustained and maximised through
the co-ordination of an ESRC funded seminar series, co-sponsored by Acas
in 2012-13.
Underpinning research
The research programme has comprised of two main areas of enquiry. The
first has examined the management of workplace conflict. The starting
point was a DTI funded analysis of the Workplace Employment Relations
Survey 2004 (Antcliff and Saundry, 2009). This was the first, and to date
only, statistical analysis of the right to accompaniment in grievance and
disciplinary hearings. It suggested that effective representational
structures rather than accompaniment per se were important in shaping the
outcomes of employment disputes. This was examined in more detail in 2008
through a qualitative exploration of accompaniment and representation,
funded by Acas. This research found that while non-union companions played
little role, union representatives were central to informal resolution
processes. However, this was dependent on high-trust relations between key
stakeholders (Saundry et al., 2011). Previously, the role played by HR
practitioners had received little attention within the policy debate
however this project suggested that a deficit in managerial skills, the
development of increasingly remote HR functions and a litigious employment
environment combines to encourage further formalisation of dispute
handling (Jones and Saundry, 2011).
This research agenda was then developed through a series of four case
studies, the findings of which have been published as separate research
papers by Acas. A central focus of these projects was the potential of
workplace mediation to provide an alternative to conventional disputes
procedures. This research suggested that mediation is effective in
facilitating sustainable resolutions to otherwise intractable disputes and
delivering substantial cost savings. Furthermore, under certain
conditions, it can provide a conduit through which trust can be developed
between key organisational actors and informal processes of resolution can
be reconstructed (Saundry et al., 2013). However, it also revealed
substantial barriers - notably the resistance of line managers who see
mediation as a threat to their authority and as an admittance of failure.
The problems of embedding workplace mediation also reflect the failure of
organisations to recognise the management of conflict as a strategic issue
- as a consequence conflict management remains an under-resourced and ad
hoc activity. Most recently, Acas commissioned further research into the
experiences of mediation participants, an issue that has not previously
been explored in the UK. The report from this research was published in
June 2013.
A crucial and unique strand of the Acas research programme was an
investigation conducted by Ian Ashman into the role of `envoys' in
downsizing and redundancy processes. This research was conducted in two
projects 2011. The first focussed on the experience of public sector
managers which was of particular salience given wide-scale restructuring
in response to cuts in public expenditure and the relative inexperience of
personnel in redundancy situations. The second extended this work into the
private sector. The results were published in two papers within the Acas
Research paper series in 2012 and subsequently in a paper in Public
Management Review (Ashman, 2013). This research provided insights into an
area not previously examined by academic research within the UK and
highlighted a clear need for improved training and support for managers
faced with delivering the `bad news' of redundancy.
References to the research
Antcliff, V. and Saundry R (2009) `Accompaniment, Workplace
Representation and Disciplinary Outcomes in British Workplaces - Just a
Formality?, British Journal of Industrial Relations, 47:1, 100-121.
Ashman, I. (2013) `The face-to-face delivery of downsizing decisions in
UK public sector organizations: the envoy role', Public Management Review,
published first online in March, DOI: 10.1080/14719037.2013.785583.
Jones, C. and Saundry, R. (2011) `The practice of discipline: evaluating
the roles and relationship between managers and HR professionals', Human
Resource Management Journal. 22:3, 252-266.
Saundry, R., McArdle, L. and Thomas, P. (2013) `Reframing workplace
relations? Conflict resolution and mediation in a Primary Care Trust',
Work Employment and Society, 27:2, 213-231.
Saundry, R., Jones, C. and Antcliff, V. (2011) `Discipline,
representation and dispute resolution - exploring the role of companions
in workplace discipline', Industrial Relations Journal, 42:2, 195-211.
Related Research Grants
2006 `Employee Representation in Grievance and Disciplinary Matters -
Making a Difference?' - DTI WERS Small Grants Scheme (£9,865)
2008-13 Acas Research Partnership - Conflict Management (£34,158)
-`Accompaniment and Representation in Workplace Discipline and Grievance'
(2008)
-`Transforming conflict management in the public sector' (2009)
-`The management of individual conflict in the private sector' (2011)
-`Mediation, conflict management and informal resolution - a case study'
(2011)
-`The mediation process and its outcomes: Perceptions and experiences
from the perspective of the disputant' (2012)
2011-2012 Acas Research Partnership - Downsizing Envoys (£14,000)
-`The nature of bad news infects the teller': The experiences of envoys
in the face to face delivery of downsizing initiatives in the UK public
sector (2011)
-`Downsizing envoys: a public/private sector comparison' (2012)
2012 ESRC Seminar Series - `Reframing Resolution - Managing Conflict and
Resolving Individual Employment Disputes in the Contemporary Workplace' -
ESRC (£17,760)
2012 Knowledge Network For Business (KN4B) - ESRC (£99,000)
Details of the impact
The programme of research outlined above has been undertaken in an
economic and political context in which issues of workplace conflict
resolution and downsizing have been central to public policy concerns.
This has included a range of consultations over the UKs system of dispute
resolution and arrangements in relation to redundancy consultation within
the broader scope of the government's `Employment Law Review' and `Red
Tape Challenge'. A number of themes generated by the research resonate
with public policy priorities, particularly the potential of mediation to
facilitate dispute resolution and transform employment relations and also
the capacity of managers to handle difficult issues such as downsizing and
grievance and discipline. Furthermore by informing the work of Acas, which
plays a pivotal role in shaping British employment relations, the research
has had a significant impact on both practice and policy in three key
respects:
Firstly, it has played an important role in shaping the future strategic
direction of Acas. As illustrated by the attached letter from Susan Clews,
Acas Director of Strategy, this has resulted in the new Acas strategic
plan being reformulated to emphasise the importance of promoting conflict
management alongside their longstanding mission to improve dispute
resolution. This is clearly significant as conflict management now forms,
for the first time, one of Acas's core objectives. In the longer term,
this will affect the way in which Acas delivers its services, advises key
stakeholders (including government) and trains its staff.
Secondly, iROWE research has resulted in new and revised guidance
published by Acas. Ashman's work on downsizing was integrated into a new
guidance booklet on redundancy handling for managers (Acas, 2012). The
work led by Saundry informed the development of new guidance provided on
`Representation at Work' (Acas, 2010:18) and was used to highlight the
positive role played by representatives in disciplinary and grievance
hearings. In addition, research into the role of unions in workplace
mediation (Saundry et al., 2013) informed the development of `Mediation -
a guide for trade union representatives' which was launched at the 2010
TUC Congress at a seminar featuring one of the main participants within
the research. Saundry's programme of research into workplace mediation was
also widely cited in the reformulated guide to workplace mediation
produced by Acas and the CIPD in February 2013.
Thirdly, the UCLAN research has informed the development of policy. The
broad impact of the programme of research set out above was also
demonstrated by its influence on an Acas Policy Discussion Paper which
explored `The Future of Workplace Relations' (Podro, 2011). This paper
cited iROWE research to suggest that tensions between the approaches of
line managers and HR practitioners could undermine informal dispute
resolution (10) and also to highlight the role that mediation can play in
underpinning improved workplace relations (15). Consequently, this
informed the Acas response to the government's consultation on `Resolving
Workplace Disputes' (Acas, 2011). The research was cited by Acas to
support four key questions posed by the consultation: the applicability of
mediation to disciplinary issues; the cost of mediated settlements
compared to conventional processes; the wider impact of mediation on
conflict management; and the role of unions in embedding workplace
mediation. In addition, the iROWE research programme was cited by the
government in the response to consultations over the use of contributory
no fault dismissal for micro businesses (BIS, 2012) as evidence that
changes would increase uncertainty for SMEs (9) and could have the impact
of undermining employee engagement (15). Most recently research into the
participants' experience of mediation has been cited in advice provided to
the Australian Fair Work Commission in relation to the implementation of
mediation in bullying and harassment cases.
Ashman's work has also been important in informing the Acas response to
changing government policy in relation to redundancy consultation. The
Acas response to the government's call for evidence on this matter was
contained in a letter dated 31st January 2012. This highlighted
the early findings of Ashman's as yet unpublished envoys research which
pointed to the impact of redeployment in the public sector on the length
of consultations and suggesting that any consideration of the time needed
for consultations depended on the expected outcomes. On 6 April 2013, new
government legislation came into effect relating to redundancy
consultation. Acas were asked by the government to accompany these changes
with new guidance for managers and organisations `to help employers
understand their legal obligations and sets out the principles and
behaviours behind a good quality consultation to help employers manage
collective redundancies more effectively' (Acas, 2013). Within this
guidance, on p.37 of the booklet (Acas, 2013)., advice as to how managers
should deal with conveying the news of redundancy is drawn directly from
Ashman's research.
Finally, the work led by Ashman and Saundry has raised awareness and
informed practice. The revised guidance on redundancy handling (Acas,
2012), featuring Ashman's work was downloaded from the Acas website 37,000
times in the 12 months following its publication in July 2012. Ashman also
worked with Acas to produce a video discussing his research which was
embedded in a page on the Acas website which has been visited 246,000
times between August 2012 and July 2013. Furthermore, findings from
Ashman's work have been integrated into training programmes for managers
on redundancy handling and has attracted coverage in 46 media outlets
including the Sunday Times, London Evening Standard and People Management
magazine.
Saundry's research into conflict management has been presented at a
number of practitioner forums across the UK including seminars organised
by: Acas in the North West and East of England Regions; CIPD in Cumbria;
EEF in the North West; and the TUC in Yorkshire and Humberside. Saundry
also conducted a number of conflict resolution `master-classes' delivered
to networks of SMEs across Lancashire as part of an ESRC funded programme
of knowledge exchange (`Knowledge Network for Business'). Saundry was also
a keynote speaker at a seminar `Effective Conflict Management - What
Works' hosted by Acas and held at the British Library on 8th March 2011,
at which leading practitioners, policy-makers and academics were present.
These issues have been further explored within an ESRC funded Seminar
Series (led by Richard Saundry) entitled `Reframing Resolution - Managing
Conflict and Resolving Individual Employment Disputes in the Contemporary
Workplace'. The series comprised of six seminars held at the Universities
of Central Lancashire, Warwick, Strathclyde, Queen's Belfast, Swansea and
Westminster. They involved leading academics from the UK, USA and
Australia and sought to develop a new agenda for research and policy
development. The series was co-sponsored by Acas involving approximately
350 participants from a wide range of practitioner and policy-making
organisations such as Acas, CBI, CIPD, EEF, FSB, IPA and the TUC. This has
not only helped to develop awareness of research into conflict management
but develop new approaches to policy and research will be synthesised in a
major policy paper to be published by Acas in 2014.
Sources to corroborate the impact
Acas (2010) Representation at Work, London: Acas
http://www.acas.org.uk/index.aspx?articleid=760
Acas (2011) Resolving Workplace Disputes - A Consultation - Response -
http://www.acas.org.uk/media/pdf/2/t/Resolving_workplace_disputes_-_a_consultation_response_-_accessible_version.pdf.
Acas(2012) Redundancy Handling http://www.acas.org.uk/media/pdf/1/1/Redundancy-handling-accessible-version.pdf
Acas (2013) How to manage Collective Redundancies
http://www.acas.org.uk/media/pdf/o/i/How-to-manage-collective-redundancies.pdf
Podro, S. (2011) 'The Future of Workplace Relations', Acas Policy
Discussion Papers -
http://www.acas.org.uk/CHttpHandler.ashx?id=2978&p=0
BIS (Department of Business, Innovation and Skills) (2012) Dealing with
Dismissal and `Compensated No Fault Dismissal' for Micro Businesses:
Response to the Consultation, September 2012 - http://www.bis.gov.uk/assets/BISCore/employment-matters/docs/D/12-1143-dismissal-for-micro-businesses-response.pdf
Press coverage of Ashman's research in relation to downsizing `envoys':
http://www.thesundaytimes.co.uk/sto/public/Appointments/article1115782.ece
http://www.peoplemanagement.co.uk/pm/articles/2012/07/a-new-role-emerges-in-downsizing-
special-envoys.htm
Acas website highlighting Ashman's research in relation to downsizing
`envoys'
http://www.acas.org.uk/index.aspx?articleid=747
Acas/CIPD (2013) Mediation: An Approach to Resolving Workplace Issues
- A Guide
http://www.acas.org.uk/media/pdf/2/q/Mediation-an-approach-to-resolving-workplace-issues.pdf
Acas Response To Call for Evidence on Collective Redundancies - Letter
from Ed Sweeney to Richard Lowe, 31/01/12.
http://www.acas.org.uk/media/pdf/d/i/Acas_response_to_collective_redundancy_consultation.pdf
CONTACT 1: Susan Clews, Director of Strategy, Acas