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New Early Conciliation Rules for Tribunal Claims

JCS HR
JCS HR

As of 6 April 2014, new rules came into force relating to the process most claimants will have to go through before they can present a claim at an employment tribunal. In this article Julie Sykes of Huddersfield based JCS HR explains the implications of the new Early Conciliation Rules of Procedure, outlining key questions: 1. What does early conciliation mean? 2. How to start the early conciliation process? 3. What happens next? 4. What is the role of a conciliation officer? 5. Conclusion of the conciliation period.

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For media information please contact Jenny Green @ Smart Arts on 07545 696713 / 01484 685544 or email jenny@smartarts.co.uk New Early Conciliation Rules for Tribunal Claims As of 6 April 2014, new rules came into force relating to the process most claimants will have to go through before they can present a claim at an employment tribunal. Here Julie Sykes of Huddersfield based JCS HR explains the implications of the new Early Conciliation Rules of Procedure. What Does Early Conciliation Mean? Basically the new rules mean that prospective claimants now have to contact ACAS before they can present most employment tribunal (ET) claims, with a few exceptions as outlined below: The claimant is presenting a claim on the same claim form as other claimants, or joining a claim which has already been presented to an ET by another claimant. The claim appears on the same claim form as proceedings which do not require early conciliation. The prospective respondent has already contacted ACAS in relation to the dispute. An unfair dismissal claim is accompanied by an interim relief application. How to Start the Early Conciliation Process? To commence with early conciliation (EC), an EC form requesting basic information must be completed and presented to ACAS online or by post, or you should telephone ACAS. Once the form has been completed, ACAS is under a duty to make reasonable attempts to contact a prospective claimant. If he or she consents, ACAS must then make reasonable attempts to contact a prospective respondent. If ACAS is unable to contact either, it will conclude that settlement is not possible and issue an EC certificate. Individual ACAS officers will have discretion over what attempts they make to contact the parties and the point at which they determine the process should be terminated. What Happens Next? Once contact is established with both parties, the conciliation officer will be under a duty to promote settlement for one calendar month (this period can be extended by up to 14 days).
For media information please contact Jenny Green @ Smart Arts on 07545 696713 / 01484 685544 or email jenny@smartarts.co.uk What is the Role of a Conciliation Officer? The primary role of Conciliation Officers is to provide prospective claimants with information on what the law says, to enable them to decide how to proceed. It is not their role to offer an opinion on the merits of any prospective claim, other than to point out issues such as qualifying periods or time limits. Conclusion of Conciliation Period If, during the conciliation period, the conciliator concludes that settlement of the dispute is not possible, or once the conciliation period comes to an end, ACAS will issue an EC certificate with a unique reference number. The certificate will be dated and will also specify the date ACAS received the EC form. A copy of the certificate will be sent to the parties with whom ACAS has been in contact, by email or by post. For more detailed information on the new Early Conciliation Rules of Procedure click here or call Julie Sykes on 01484 602708. -ends- Notes to editors: Julie Sykes has worked in the human resources industry for over 25 years and established her own consultancy in 2002. JCS HR Consulting is based in Huddersfield and services Yorkshire and Manchester areas. JCS HR provides consultancy across all sectors including manufacturing, government, media, financial services, medical and engineering. JCS HR has provided consultancy for groups of up to 1000 people.

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New Early Conciliation Rules for Tribunal Claims

  • 1. For media information please contact Jenny Green @ Smart Arts on 07545 696713 / 01484 685544 or email jenny@smartarts.co.uk New Early Conciliation Rules for Tribunal Claims As of 6 April 2014, new rules came into force relating to the process most claimants will have to go through before they can present a claim at an employment tribunal. Here Julie Sykes of Huddersfield based JCS HR explains the implications of the new Early Conciliation Rules of Procedure. What Does Early Conciliation Mean? Basically the new rules mean that prospective claimants now have to contact ACAS before they can present most employment tribunal (ET) claims, with a few exceptions as outlined below: The claimant is presenting a claim on the same claim form as other claimants, or joining a claim which has already been presented to an ET by another claimant. The claim appears on the same claim form as proceedings which do not require early conciliation. The prospective respondent has already contacted ACAS in relation to the dispute. An unfair dismissal claim is accompanied by an interim relief application. How to Start the Early Conciliation Process? To commence with early conciliation (EC), an EC form requesting basic information must be completed and presented to ACAS online or by post, or you should telephone ACAS. Once the form has been completed, ACAS is under a duty to make reasonable attempts to contact a prospective claimant. If he or she consents, ACAS must then make reasonable attempts to contact a prospective respondent. If ACAS is unable to contact either, it will conclude that settlement is not possible and issue an EC certificate. Individual ACAS officers will have discretion over what attempts they make to contact the parties and the point at which they determine the process should be terminated. What Happens Next? Once contact is established with both parties, the conciliation officer will be under a duty to promote settlement for one calendar month (this period can be extended by up to 14 days).
  • 2. For media information please contact Jenny Green @ Smart Arts on 07545 696713 / 01484 685544 or email jenny@smartarts.co.uk What is the Role of a Conciliation Officer? The primary role of Conciliation Officers is to provide prospective claimants with information on what the law says, to enable them to decide how to proceed. It is not their role to offer an opinion on the merits of any prospective claim, other than to point out issues such as qualifying periods or time limits. Conclusion of Conciliation Period If, during the conciliation period, the conciliator concludes that settlement of the dispute is not possible, or once the conciliation period comes to an end, ACAS will issue an EC certificate with a unique reference number. The certificate will be dated and will also specify the date ACAS received the EC form. A copy of the certificate will be sent to the parties with whom ACAS has been in contact, by email or by post. For more detailed information on the new Early Conciliation Rules of Procedure click here or call Julie Sykes on 01484 602708. -ends- Notes to editors: Julie Sykes has worked in the human resources industry for over 25 years and established her own consultancy in 2002. JCS HR Consulting is based in Huddersfield and services Yorkshire and Manchester areas. JCS HR provides consultancy across all sectors including manufacturing, government, media, financial services, medical and engineering. JCS HR has provided consultancy for groups of up to 1000 people.