Alan Hope - Equality and Human Rights Commission


* Early


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 –