Should I Fight Or Settle?

An HR Manager talks to Glenn Jaques, Employment Law Partner, about ACAS early conciliation. Q. We have recently terminated the Contract of Employment of one of our employees and have received a call from an ACAS officer about 'early conciliation'. What does this mean? A. This means that the employee is considering bringing an employment tribunal claim and is interested in settling their claim before going to the Employment Tribunal. The employee now has to speak with ACAS and attempt early conciliation before being able to bring a claim in the Employment Tribunal. ACAS will have a period of one month to try and settle their claims, if possible. Q. Am I obliged to put forward an offer of settlement to the employee? A. Not if you don't wish to do so. Obviously settling a claim at this stage will save you the time and trouble of having to deal with the claim in the Employment Tribunal, if the employee starts proceedings. Q. What does the ACAS officer do? A. The ACAS officer will put forward any offers made by the parties to try and encourage the parties to settle the claim, if possible, without the necessity of Employment Tribunal proceedings. Q. Will the Employment Tribunal be aware of any offers put forward if the case gets to an Employment Tribunal hearing? A. No. Strictly speaking, the offers put forward by the parties are 'off the record' and the Tribunal would not be made aware of any attempts to settle the claim before the hearing. Q. What happens if the claim is settled? A. ACAS will draw up an agreement called a 'COT3 Agreement' which sets out the terms of the agreement between the parties which the parties will sign. Q. What happens if a settlement cannot be reached during the initial one month period? A. ACAS will draw up an Early Conciliation Certificate. The employee cannot bring a claim in the Tribunal without having this certificate. Q. How can you help at this stage? A. We can give you advice as to the merits of the claim and the potential award which could be made should the employee succeed with the claim. With over 60 years' experience in Employment Tribunal claims, the Employment Team at Wake Smith is recommended in the Legal 500 publication for Employment Law in Yorkshire. We can also get involved in the negotiation with ACAS on your behalf and help you to achieve a favourable early settlement. If you do not wish to settle the claim or a settlement cannot be reached, we can provide representation in the Employment Tribunal for your business, as required. With Employment Law being so complicated, I think expert assistance will be needed here. For further information please contact Glenn Jaques at [email protected] or on 0114 2666660.