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July 27, 2018

Early Conciliation: The rise in Employment Tribunal claim notifications

The rise is undoubtedly linked to the Supreme Court’s decision last year to scrap Employment Tribunal fees

The ACAS Early Conciliation Service (Early Conciliation) is, in most cases, a mandatory step for an individual to bring a claim in the Employment Tribunal, which has been in force since May 2014. The annual report from ACAS reveals that the number of people considering bringing a claim to the Employment Tribunal (and hence referring the matter to ACAS) has increased from 1,700 to 2,200 per week in the year to 31 March 2018, compared to the previous year. The report, published this month, shows that the demand for Early Conciliation has risen by almost 20%. This is undoubtedly linked to the Supreme Court’s decision last year to scrap Employment Tribunal fees.

In addition to the rise in Employment Tribunal claim notifications, it comes as no surprise that there were over 7,000 (39%) more Employment Tribunal claim forms lodged following Early Conciliation than in the previous year. Where Early Conciliation applies, the time limit to present the claim may be extended to take account of the early conciliation period. It is important to be careful in calculating the period of the extension, as there can be confusion overtime limits.

Once an individual submits a notification form, they will receive a call from a representative of ACAS to take further details. If they want to participate in Early Conciliation, they will be allocated an ACAS conciliator. Early Conciliation is offered to both parties, and whilst voluntary, the individual must obtain an Early Conciliation certificate before lodging a claim in the Employment Tribunal.

Speak to employment solicitor Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

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