As you may be aware since 6 May 2014 early conciliation with ACAS (Advisory, Conciliation and Arbitration Service) became mandatory for employment disputes.
Since then claimants have had to follow the ACAS early conciliation process before they are able to present a claim for most employment tribunal proceedings. The aim is to encourage the parties to engage in a conciliation meeting with ACAS to arrive at a settlement. If early conciliation is refused, either of the parties cannot be contacted, settlement is not possible, or the conciliation period expires, an Early Conciliation (EC) certificate will be issued. This certificate will contain a unique EC reference number which the claimant needs to then submit to the employment tribunal.
What should you do?
- Consider carefully whether it is in your interests to engage in early conciliation perhaps where internal processes have not been completed.
- HR managers/teams should institute a process whereby a senior HR manager is appointed as the contact point for all ACAS conciliation.
- Brief all your staff that they should contact that person immediately if they receive a call from ACAS.
- Tell your broker or insurer about any case you want to take to ACAS.
It is hoped that the new regime will save costs and help employers to nip potentially expensive and protracted claims in the bud.
More details are available at ACAS website.
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