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THE EMPLOYMENT TRIBUNALS (EARLY CONCILIATION: EXEMPTIONS AND RULES OF PROCEDURE) REGULATIONS 2014 ( applicable from APRIL 6th 2014 and mandatory from 6th May 2014)
The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 set out the rules that will underpin the Early Conciliation procedure and contain five exemptions, which allow claimants to present a claim to an employment tribunal without complying with the requirement for Early Conciliation.
When a prospective claimant contacts Acas, this triggers a ‘stop-the-clock’ mechanism in the limitation period running on their employment tribunal claim. This means that the prospective claimant’s limitation period (the time to lodge an employment tribunal claim) is put on hold, for up to one calendar month, with a provision for an extension of two weeks if Acas believe that the claim is close to settlement. This will allow enough time for conciliation to take place without the need for the claimant to take any legal steps to protect their rights. If Acas concludes that settlement is not possible, the pause on the limitation period will end on the day that the prospective claimant receives (or is treated as receiving) an Early conciliation certificate from Acas, which demonstrates that they have completed the Early Conciliation process. Prospective claimants will need the reference number from the certificate to complete any subsequent employment tribunal claim form.
Early Conciliation will be provided free of charge. Both the claimant and the respondent will be able to decline Acas’s services at any stage.
How will Early Conciliation work?
Before a person lodges an Employment Tribunal claim, they will have to notify Acas by completing a simple online form. Acas will contact the potential claimant within two working days. We will gather basic information on the dispute itself and provide information about Early Conciliation.
The case will then be passed on to a conciliator who will aim to make contact with both parties and talk through the issues to see if a solution can be found. Find out more about conciliation and how it works from the Acas conciliation services Q&A. You may also find the infographic (available to view on the left) and the
Early Conciliation flowchart [17kb] useful, which set out the process of reaching a settlement.
We have structured the service to ensure that each time we receive a request for Early Conciliation we can quickly contact the people involved.
What type of issues will Early Conciliation help resolve?
Early Conciliation will help resolve the majority of workplace disputes which may lead to an employment tribunal, including:
After Early Conciliation is introduced, anybody who wishes to lodge a claim with an employment tribunal will have to provide an Acas Early Conciliation Reference Number. A limited number of exemptions may apply, and the Employment Judge can decide whether they are relevant. People can always notify Acas first, and they will try to help find a resolution.
Early Conciliation exemptions
There are six exemptions to early conciliation. They are set out at Regulation 3(1) of SI 254/2014. The exemptions are expressed on the claim form in the following way:
(a) Another person I'm making the claim with has an Acas early conciliation certificate number.
(b) Acas doesn't have the power to conciliate on some or all of my claim.
(c) My employer has already been in touch with Acas.
(d) I've been unfairly dismissed and I intend to apply for interim relief.
(e) My claim is against the Security Service, Secret Intelligence Service or GCHQ.
(f) (If before 6 May 2014) I haven't contacted Acas.
It will be a requirement for a claimant to provide the tribunal with a number or an exemption category before the claim can be considered presented. After presentation, the tribunal will carry out a verification of any certificate number provide, and an Employment Judge can consider potential jurisdictional issues beyond that point.
The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 set out the rules that will underpin the Early Conciliation procedure and contain five exemptions, which allow claimants to present a claim to an employment tribunal without complying with the requirement for Early Conciliation.
When a prospective claimant contacts Acas, this triggers a ‘stop-the-clock’ mechanism in the limitation period running on their employment tribunal claim. This means that the prospective claimant’s limitation period (the time to lodge an employment tribunal claim) is put on hold, for up to one calendar month, with a provision for an extension of two weeks if Acas believe that the claim is close to settlement. This will allow enough time for conciliation to take place without the need for the claimant to take any legal steps to protect their rights. If Acas concludes that settlement is not possible, the pause on the limitation period will end on the day that the prospective claimant receives (or is treated as receiving) an Early conciliation certificate from Acas, which demonstrates that they have completed the Early Conciliation process. Prospective claimants will need the reference number from the certificate to complete any subsequent employment tribunal claim form.
Early Conciliation will be provided free of charge. Both the claimant and the respondent will be able to decline Acas’s services at any stage.
How will Early Conciliation work?
Before a person lodges an Employment Tribunal claim, they will have to notify Acas by completing a simple online form. Acas will contact the potential claimant within two working days. We will gather basic information on the dispute itself and provide information about Early Conciliation.
The case will then be passed on to a conciliator who will aim to make contact with both parties and talk through the issues to see if a solution can be found. Find out more about conciliation and how it works from the Acas conciliation services Q&A. You may also find the infographic (available to view on the left) and the
Early Conciliation flowchart [17kb] useful, which set out the process of reaching a settlement.We have structured the service to ensure that each time we receive a request for Early Conciliation we can quickly contact the people involved.
What type of issues will Early Conciliation help resolve?
Early Conciliation will help resolve the majority of workplace disputes which may lead to an employment tribunal, including:
- unfair dismissal claims
- workplace discrimination
- redundancy payments or disputes around selection procedures
- deductions from wages or unpaid notice/holiday pay
- rights to time off or flexible working
- equal pay.
After Early Conciliation is introduced, anybody who wishes to lodge a claim with an employment tribunal will have to provide an Acas Early Conciliation Reference Number. A limited number of exemptions may apply, and the Employment Judge can decide whether they are relevant. People can always notify Acas first, and they will try to help find a resolution.
Early Conciliation exemptions
There are six exemptions to early conciliation. They are set out at Regulation 3(1) of SI 254/2014. The exemptions are expressed on the claim form in the following way:
(a) Another person I'm making the claim with has an Acas early conciliation certificate number.
(b) Acas doesn't have the power to conciliate on some or all of my claim.
(c) My employer has already been in touch with Acas.
(d) I've been unfairly dismissed and I intend to apply for interim relief.
(e) My claim is against the Security Service, Secret Intelligence Service or GCHQ.
(f) (If before 6 May 2014) I haven't contacted Acas.
It will be a requirement for a claimant to provide the tribunal with a number or an exemption category before the claim can be considered presented. After presentation, the tribunal will carry out a verification of any certificate number provide, and an Employment Judge can consider potential jurisdictional issues beyond that point.
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