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IMPORTANT - changes to employment tribunal claims

Monday, Mar 31, 2014

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ACAS, the Advisory, Conciliation and Arbitration Service, launches a new and mandatory early conciliation service for all employment tribunal claims on Sunday 6th April 2014.

IMPORTANT - changes to employment tribunal claims

Time is critical so you need to let us know on the same day that you are contacted by ACAS.

Things to do

  • Confirm to ACAS that you wish to consider taking part in Early Conciliation (EC) and that you will pass the details on to your representative, who will contact them within the next few days
  • Obtain as much information regarding the claim as possible from ACAS and pass all details on to us
  • Begin collating any documentation you think may be relevant to the employee and the prospective claim
  • Provide information in respect of the potential claim, as and when requested

Things to avoid

  • Do not decline to take part in EC – speak to us before you commit to anything
  • Do not delay in contacting us – telephone us immediately
  • Do not say anything to the ACAS officer which may amount to an admission of liability
  • Do not offer or attempt to make a settlement without your insurer’s approval

Timing makes all the difference

If we are made aware of a potential claim immediately we can ensure your position isn’t prejudiced. We will involve your insurer and get you the best possible advice to help you deal with the situation.

Notifying us immediately will keep costs down and reduce the chances of a claim being brought against you in an employment tribunal.

Some background information

Anyone thinking about making an employment tribunal claim will need to contact ACAS in the first instance.  ACAS will explore whether early resolution/settlement of the complaint is possible before a claim is submitted to an employment tribunal

Claimants will need to show evidence (in the form of a certificate) that they have first contacted ACAS regarding early conciliation before lodging their claim.

The conciliation period lasts up to one month (can be extended by up to two weeks). If a resolution is not possible in this time then the claimant can proceed with their claim in a tribunal.

To find out more about Early Conciliation visit the ACAS website. 

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