Informal channels
[ch 10: page 54]Before making a making a formal complaint to the CAC, employees are advised to consider discussing the matter with the employer to see if a solution can be found. Employers and employees are free to seek assistance from the Acas employment advisory and conciliation service.
According to Acas, ICE complaints are rare compared with consultation over collective redundancies or the transfer of undertakings (see Chapter 12). That could be an indication that disputes are more likely to be settled informally without a reference to Acas, but it may also reflect the relatively small number of ICE arrangements.
Where a complaint is made to the CAC, it takes a problem-solving approach and tries to help the parties reach a negotiated agreement outside the statutory process.
A CAC case manager is appointed to every application or complaint it receives. They are available to inform employers, employees and their representatives about CAC procedures. The CAC itself can refer a case to Acas if it thinks it is reasonably likely to be settled by conciliation or other assistance (regulation 38). The CAC case manager may discuss that option with anyone it considers has a proper interest in the case.