Early Conciliation has been with us for over six months now and stats from Acas indicate they have dealt with 37,000 cases in that time. The scheme requires individuals to contact Acas before lodging an employment tribunal claim against their employer / ex-employer. Alive to the risks involved in employers unwittingly entering into conciliation themselves where in the context of litigation they would ordinarily engage professional employment tribunal representation, we have produced the following podcast examining EC in more detail and providing tips on avoiding the potential pitfalls.

1. Employment Law
Podcast
December 2014

2. Chris Nagel
Director/Head of HR

3. Early Conciliation
Q3 2013 – 625,000 outstanding ET Claims
Qualifying service increased from 1 year to 2 years
Introduction of
Tribunal Fees
Capping Compensatory
Awards in Unfair
Dismissal cases
Early Conciliation
with ACAS prior to
lodging an ET claim

4. Early Conciliation
Replaced Pre-Claim Conciliation (PCC)
Early Conciliation is applied regardless of the strength of
the case or procedure followed to that point
Introduced 6th April 2014 on voluntary basis
Became mandatory on 6th May 2014 onwards

5. Early Conciliation - Process
Claimant files an
online EC Form or
contacts Acas
Acas asks both
parties if they wish
to take part
Both parties agree
to take part
Parties agree and
sign cot3
Parties fail to
agree
At least one party
doesn’t agree
Acas issues EC
certificate
Claimant presents
claim to ET with EC
Certificate
Conciliation can be
offered up to ET
hearing
If not successful
claim goes to ET

6. Early Conciliation - Results
 September 2014:
• 16.5% of cases settled
• An additional 19% didn’t result in ET claim
November 2014:
• 18% of cases settled
• Only 24% of cases progressed to a tribunal claim
• Only 10% of individuals reject EC
• Only 10% of employers do not engage in process

7. Early Conciliation - Opinion
A qualified success!
An obstacle to claimants
Voluntary nature dilutes effectiveness
Employers may prefer to wait and see
Individuals who pay may want money’s worth
Still an attractive alternative to cost of claim

8. Early Conciliation -Warning
Expect direct contact from Acas
Don’t get caught cold!
Conciliation is tactical
Gather relevant information
Know what to say / what not to say
Seriously consider professional representation

9. Contact Us…
Employee Management Limited
Suite 8, Stone Cross Place
Stone Cross Lane North
Lowton
Warrington
Cheshire
WA3 2SH
DD: 01942 369675
Tel: 01942 727200
Mob: 07739 596426
Fax: 01942 727225
Email: chrisn@employeemanagement.co.uk
Web: www.employeemanagement.co.uk