The National Minimum Wage (Amendment) Regulations 2024 came into force on 1 April and provided...
ACAS Early Conciliation is a free and confidential service provided by ACAS, (Advisory, Conciliation and Arbitration Service), an independent public body in the UK. It offers employees and employers an opportunity to resolve workplace disputes through conciliation, with the assistance of a trained ACAS conciliator.
If an individual would like to take their employer, or former employer, to the Employment Tribunal, they must first complete ACAS Early Conciliation. It is a mandatory process which must be exhausted before issuing proceedings in the Employment Tribunal. The failure to engage Early Conciliation could result in the Tribunal not being able to hear your claims.
Early Conciliation must be lodged within a very strict period of time. The failure to lodge the notification by your primary limitation date could result in the Tribunal being unable to hear your claims. Limitation dates are generally 3 months less 1 day from the effective date of termination of act of discrimination/detriment you seek to rely upon. It would always be our advice to err on the side of caution and lodge your notification of Early Conciliation with ACAS sooner rather than later, in order to protect your position.
On the conclusion of the ACAS process, if an agreement is not achieved, ACAS will issue a certificate which contains a unique number that is required to issue proceedings.
How does ACAS Early Conciliation work?
Initiation of Early Conciliation: The process begins when one party, either the employee or the employer, contacts ACAS and provides the necessary details regarding the dispute. ACAS will then assign a conciliator who acts as a neutral third party to facilitate communication and negotiations between the parties.
Conciliator's role: The conciliator's primary role is to help the parties find a mutually acceptable resolution to their dispute. They act as a mediator, listening to each party's concerns, exploring potential solutions, and facilitating constructive dialogue. The conciliator does not take sides or make decisions; rather, they assist in finding common ground and encouraging open communication.
Timeframe: ACAS Early Conciliation can last for a maximum of 6 weeks , It is possible for a party to request the certificate be issued without exploring the benefits of the mandatory service, or at any point during the 6 weeks. During this period, the conciliator works with the parties to explore settlement options and reach an agreement. If an agreement is reached, it is recorded in a legally binding document called a COT3 agreement.
Legal proceedings: If an agreement cannot be reached through conciliation or if one party decides not to participate in the process, ACAS issues an Early Conciliation certificate. This certificate is required for the claimant to proceed with legal action in an employment tribunal. It signifies that the parties have attempted to resolve their dispute through ACAS Early Conciliation.
Benefits of ACAS Early Conciliation:
- Cost-effective: Early Conciliation provides a cost-effective alternative to pursuing legal action, saving both parties significant legal fees, time, and stress.
- Confidentiality: The discussions held during Early Conciliation are confidential, allowing parties to openly share their concerns without fear of information being used against them in future legal proceedings.
- Speedy resolution: Early Conciliation offers a prompt resolution process, with a time limit of six weeks. This reduces the time spent in protracted legal battles and allows parties to move forward swiftly.
- Preserving relationships: By fostering open communication and facilitating dialogue, Early Conciliation helps maintain working relationships, minimising the disruption and potential animosity caused by lengthy legal disputes.
- Flexibility: The process allows parties to explore creative solutions and reach agreements tailored to their specific circumstances, which may not be possible within the constraints of a legal judgement.
Conclusion:
ACAS Early Conciliation serves as a valuable tool for resolving workplace disputes before they escalate into lengthy and costly legal proceedings. By providing a neutral and confidential space for communication and negotiation, Early Conciliation fosters amicable resolutions that benefit both employees and employers. Embracing this conciliatory approach can contribute to a harmonious work environment and the preservation of positive working relationships.
If you would like support with the ACAS early conciliation process, or if you would like advice on whether your employer’s conduct justifies initiating ACAS early conciliation, contact the employment team at employment@pickerings-solicitors.com or call us on 01827 317070.
