* Early
Conciliation
Alan Hope
Acas Scotland
Thursday 11 September 2014
Early Conciliation
• The background
• The rationale
Early Conciliation– Main features
• Obligation to notify Acas of intention to claim
• Web-based form
• Use of ECSO’s (Early Conciliation Support Officers)
Early Conciliation- Main features
• Following notification to Acas, the claimant’s limitation period for making a tribunal claim is put on hold.
• This “stop-the-clock” period allows conciliation to take place without the claimant needing to take legal steps to protect their rights
• It creates more time to explore settlement than now
• One calendar month initial period
Early Conciliation -Main features
• Provisions for both early conclusion, and extension, of the limitation pause
• Engaging with the conciliation process is voluntary
• If conciliation is unsuccessful we will issue a Certificate and the claimant can make a Tribunal claim
• Presenting in time remains the responsibility of the
Claimant (not Acas)
• At least one calendar month to present after EC
Early Conciliation – Main features
• Case for life – an EC request is not a separate claim
• Conciliation can still take place after the limitation pause comes to an end but before a claim is submitted
• Conciliation offered after an ET1
Early Conciliation – Intended impact
• Bringing settlement forward
• Aim is to avoid tribunal claims
• ET1 conciliation aims to avoid tribunal hearings
Early Conciliation- The story so far
• Over 17,000 EC Notifications in first quarter
• 93% of prospective claimants agree to conciliation
• 91% of prospective respondents agree to conciliation
• 16.5% of cases concluded with a COT3
• 19% of prospective claimants indicated that they would not take further action
Early Conciliation- Practical tips:
• Submitting the online EC Notification
• ECSO contact with the prospective claimant
• Group notification
• Conciliation discussions
Acas contact information
Acas helpline -0300 123 1100
ECSO team- 0300 123 1122
Acas website – www.acas.org.uk