ABSTRACT

Acas arbitrators are not employed by Acas but are appointed by them on a case by case basis from a standing panel. Initial estimates of likely caseloads indicated the need for a panel of around 100 to hear cases under the scheme. With some 30 of those on the existing trade dispute arbitration panels, traditionally drawn mainly from the industrial relations/human resources disciplines of academia, indicating a desire to be included on the scheme panel, there was a need to recruit the remainder. The appointments were subject to the recently introduced guidelines from the Commissioner for Public Appointments which required the process to be transparent, accountable and non-discriminatory. From an Acas perspective, it was vital to the success of the scheme that the parties should have complete confidence in the arbitrator appointed to hear their case. It was recognised that this would depend not only on the arbitrator’s knowledge and experience of employment relations and the practical application of the Acas Code of Practice and Handbook to everyday situations at work, but also on their handling of the arbitration process itself. In respect of the latter, this was as much a function of their professional conduct in managing the process as of their interpersonal skills when relating to the wide social and economic spread of the parties in unfair dismissal cases. Whilst these attributes, together with an understanding of the law, are also required of employment tribunal chairmen and members, the burden placed on an individual sitting alone with no professional or administrative support on the day is arguably greater. For the purposes of recruitment and selection, and given this wide variety of requirements, a framework of competences for the role was drawn up by an occupational psychologist. In doing so, a programme of interviews with existing arbitrators and Acas administration staff was conducted, together with observations of arbitration hearings. The framework produced a set of three competence families: intellectual (judgment and analytical thinking); interpersonal (relationship management, credibility, oral and written communication); and personal (self-reliance, adaptability, planning and organising and specialist knowledge).