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Helpline

16th November 2001, 12:00am

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Helpline

https://www.tes.com/magazine/archive/helpline-112
I have heard that there is a new procedure for unfair dismissal, involving ACAS. Is this true and is it better than an Employment Tribunal?

It is true. ACAS can now offer a simple and straightforward arbitration service in cases where unfair dismissal is claimed. It is cheaper and quicker than a tribunal and has a number of interesting features.

First, it is consensual, in that it can only deal with cases where both sides have agreed to accept the arbitration. Second, it is informal, private and confidential, the latter being particularly attractive to those who do not wish to have their laundry on public display. Third, it does not allow formal representation, although access to legal or professional advice is unlikely to be denied.

The arbitrator has powers to adjudicate on the same terms as the tribunal and there is no appeal against the decision. Whether this service will be better than an Employment Tribunal will depend on the views of the participants. It will not suit those who want their “day in court”, but it may well prove helpful to those who would prefer a rapid and less stressful resolution.

A theft in school was reported immediately to the police, who wished to conduct a search of the relevant group of pupils on the spot. Have they the right to do this and what should the school’s response have been?

The police have the undoubted right to pursue their inquiries into crime under their own regulations, which would include the searching of possible suspects. A parent who objected to what took place would have the right to complain to the police, who have their own machinery for dealing with it.

The headteacher and teachers involved have the duty of every citizen to assist the police in the legitimate pursuit of their inquiries. They also have the duty in loco parentis to ensure that the rights of pupils are not infringed and that they are treated properly by the police. Had it been the head’s view that the officers in this case were behaving unreasonably, they could have been asked to desist, pending reference to a senior officer.

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