Pre-Employment Tribunal Conciliation Explained

Wake Smith Solicitors 26 May 2015

As part of a package of employment law reforms, pre-employment tribunal ACAS Conciliation came into effect in April last year and became mandatory for all relevant claims in May 2014. Here is a checklist of frequently asked questions to help with an overview of the scheme. Q. What is ACAS? A. The Advisory Conciliation and Arbitration Service (ACAS) is an independent government funded organisation mandated to help with employment disputes. Employment lawyers regularly involve ACAS in Tribunal cases in any event, as necessary, as one of the many tools for settlement. Q. What are the new rules? A.  Very briefly both employers and employees can request the services of ACAS if they think that an employee may bring a claim against them, or if an employee is thinking of bringing a claim against an employer. There are a number of "relevant proceedings" where mandatory Early Conciliation (EC) applies. These include:-

  • Unfair dismissal;
  • Breach of contract;
  • Unlawful deduction from wages;
  • Discrimination and equal pay;
  • Protection from detriment; and
  • Rights to time off.

Q. Does it cover every type of claim? A.  No, the majority of claims are covered but there are some exceptions. Q. How does it work in practice? A.  Very importantly "prescribed information" must be provided by the employee either on an EC form or by telephoning ACAS. ACAS will then contact the employee to explain the procedure and check agreement and understanding of the procedure and will then contact the employer. There is a "prescribed period" of one calendar month from the date upon which initial contact with ACAS is made to try to settle the case. ACAS can extend this by up to 14 days. There are various situations in which ACAS can issue an EC Certificate early if a settlement is not possible. If a settlement is not possible or the period expires the EC Certificate must be issued with a unique reference number to be included on the Employment Tribunal claim (ET1). Q. I know there are time limits to bring claims. What happens about those? A.  Provided the types of claims are covered by the procedure and the procedure is correctly completed, time limits are extended by the early conciliation period. Q. Are there any pitfalls to be aware of? A.  Yes, plenty!

  • An employee might not have taken legal advice on the correct Respondent to a claim. For example they might think they just have a claim against their employer when they may have claims against some of their co-workers, or they might not be clear about who their employer is.
  • Many claims are covered by the mandatory procedure but not all.
  • Where it is the employer who has contacted ACAS, the time limits "clock" does not stop and the employee may be out of time for bringing a claim if they have not had advice on this.
  • The employee may not supply the correct information and run the risk of having an EC form rejected. If they are close to the time limit this could mean they are out of time.
  • The fact that part of a claim such as failure to page wages could be settled but not, for example an unfair dismissal claim can lead to some procedural problems because the employee will still need an EC Certificate to continue with the unfair dismissal claim.

Some claims come within the mandatory EC procedure but do not come within the procedure which extends time which could be a trap for a number of employees. There are two separate provisions relating to "stopping the clock". There has already been some litigation about the way that this works and there are some potential traps there. Although the reforms have been in place for a year, practical experience of how they are working is still relatively limited. The indications are that, as part of the overall package of employment law reforms, which included promoting settlement agreements under the ACAS Code on Settlement Agreements, and tribunal fees, the early conciliation rules have substantially reduced the number of Employment Tribunal claims. For further information contact Holly Dobson on 0114 266 6660 or [email protected]

Tags

Archive

November 20241October 20246September 20245August 20245July 20243June 20243May 20245April 20242March 20247February 20242January 20248December 20236November 20232October 20233September 20232August 20234July 20232June 20235May 20237March 20234February 20235January 20233December 20225November 20224October 20224September 20223June 20221May 20227April 20223March 20223February 20223January 20224December 20214November 20213October 20214September 20216August 20212July 202111June 20218May 20216April 20212March 20218February 20218January 20219December 20208November 202013October 20208September 20208August 20203July 20208June 202016May 202011April 20206March 202016February 20208January 202011December 20199November 20199October 201911September 20195August 20194July 20196May 20198April 20196March 20193February 20195January 20194December 20186November 20185October 20182September 20185August 20184July 20189June 20184May 201810April 20185March 20184February 20184January 20183December 20175November 20178October 20177September 20179August 20175July 20176June 201710May 20175April 20178March 201711February 20176January 201710December 20169November 20167October 201610September 201610August 20166July 20167June 20163May 20162April 20166March 20162February 20164January 20165December 20153November 20155October 20156September 20156August 20157July 20157June 20157May 20156April 20159March 20156February 201510January 20156December 20145November 20144October 20142September 20143May 20144March 20146February 20144January 20142December 20132November 20133September 20134July 20132June 20132May 20133April 20131March 20133February 20133January 20136December 20121November 20123October 20122August 20122July 20128June 20123April 20123March 20121January 20124December 20112November 20111October 20112September 20113August 20113July 20117June 20119May 20117April 20115March 20119February 20118January 20111December 20101October 20102September 20102August 20103July 20106June 20101May 20102April 20106March 20102February 20103January 20102December 20095November 20092October 20092September 20092August 20091July 20095June 20095May 20093April 20093March 20093February 20091January 20092November 20082October 20082September 20081August 20083July 20081January 20082

Featured Articles

Contact us