New legislation comes into force on 6th April. The official title of it is ‘The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014’-quite a mouthful but in brief the aim is to resolve as many employment disputes as possible without the need for an Employment Tribunal.
Anyone considering making a claim against their employer will be required by law to contact ACAS before they can proceed to a Tribunal. It will be a quicker, cheaper and less stressful way of resolving a workplace dispute.
As you probably already know, an employee has 3 months after the event they are complaining about to lodge a claim. When they contact ACAS , the clock effectively stops ticking for up to a month, with provision for a further 2 weeks if ACAS think the claim will be settled soon, to allow time for the 2 parties to reach agreement.
If ACAS don’t think a settlement is possible they will issue an Early Conciliation certificate. This act starts the clock running again and confirms that the potential claimant has been through the required process. To lodge a claim at Tribunal claimants will need the reference number from their certificate.
The Early Conciliation service is free to both parties and either the claimant and/or respondent can decline ACAS’s services at any point. The ACAS conciliators are impartial and have up to date knowledge of the law to help to clarify the issues as soon as possible.
This legislation changes the rules relating to Employment Tribunals to facilitate the introduction of Early Conciliation.
It is hoped that Early Conciliation will save time and legal costs estimated at £64.6m a year and deliver a net benefit of £37m. There will be a further saving of £2.6m due to the impact of having fewer Employment Tribunal claims.
Please call if you have any questions .