“Free initial advice to employers on the employment issue that has brought about the need for Early Conciliation”
From 6th April 2014, ACAS Early Conciliation came into force. It is a process which involves trying to resolve a dispute before a claim is made. It is free and confidential, meaning that discussions are inadmissible in any future claims.
The circumstances of ACAS Early Conciliation will normally involve either an employee or ex-employee who is proposing to make a claim to The Employment Tribunal and before doing so has to conciliate via ACAS. For the party considering making the claim it simply involves completing a short ACAS Early Conciliation notification form online https://ec.acas.org.uk/. However, for the recipient, notification is often unexpected and very alarming.
Can we help with ACAS Early Conciliation Request?
Making a claim to the Employment Tribunal now involves paying a fee unless special circumstances apply. This may deter any speculative Claimant from making a claim. However where the Employer loses any case the fee will normally be awarded against the Employer. ACAS statistics suggest that only around 20% of individuals who pre-conciliated, and did not settle the dispute via this process, decided not to make a claim.
It is likely that the instigator of ACAS Early Conciliation will be looking for a financial solution to avoid making the claim. In some circumstances settlement will make sound sense for the Employer, in other circumstances clearly not.
We will provide free initial advice to employers on the employment issue that has brought about the need for Early Conciliation. We can also act for the employer and conciliate directly with ACAS.
Can an employer instigate early conciliation?
ACAS Early Conciliation can be instigated by an employer. An employer who expects to receive a claim may consider approaching the employee via ACAS to offer a settlement. This approach can be used where the employer is certain that they are going to receive a claim and wants to strike early. Instigating conciliation can also be used as a tactic to defend any subsequent claim. However, approaching the employee first and making an offer, needs to be very carefully thought about. If the offer is refused, the chances of then receiving a claim are likely to be far greater. .
For further information please contact our legal team on 01625 87 5587