Early Conciliation - Mandatory referral to ACAS
From 6 May 2014 a Claimant must make an Early Conciliation notification to Acas before issuing a tribunal claim. To prepare for this change, early conciliation will be available from April 2014.
The system is intended to promote early settlement of a complaint or, if settlement is not achieved, the parties should have a clearer understanding of the issues and each other’s position which should save time and money within the tribunal proceedings. The time limit for bringing a claim will be put on hold while early conciliation is attempted.
The mandatory four-step procedure:
- Step 1. Before lodging a tribunal claim a prospective claimant must make a request for early conciliation. This can be done using the form on Acas’ website;
- Step 2. A Conciliator contacts the Claimant and then contacts the employer;
- Step 3. The Conciliator will talk to both parties to explore how the claim might be resolved. This will mostly be done by telephone but the Conciliator may suggest a meeting or encourage the use of internal procedures such as disciplinary and grievance procedures. The early conciliation process is intended to last up to one month but can be extended by a further 14 days if agreed by both parties.
- Step 4. If a settlement is reached this will be recorded on a COT3 form (an Acas settlement form). If settlement is not achieved the Conciliator will issue an Early Conciliation Certificate and the Claimant will be free to make a tribunal claim. A claimant may not issue a claim without this certificate.
Posted on 04/27/2014 by Ortolan
