Source: IRS Employment Review Issue: 852 Date: 04/08/2006 Publisher: IRS

Conciliation agreements: Validity of Acas-conciliated agreements upheld

TOPICS:
pay and benefits pay levels and awards
terms, conditions and employee rights employment tribunals and courts
employee relations  trade unions
industrial relations organisations
termination of employment  payments on termination
tribunal procedures and penalties

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

Clarke and others v Redcar and Cleveland Borough Council; Wilson and others v Stockton-on-Tees Borough Council [2006] IRLR 324 EAT (3 reports)


There is no duty on an Acas conciliation officer to advise on the merits of a claim before the employee enters into a binding settlement via a COT3 agreement.


KEY POINTS

In Clarke and others v Redcar and Cleveland Borough Council; Wilson and others v Stockton-on-Tees Borough Council 1the EAT holds:

  • In both cases the tribunal was correct to uphold the validity of conciliation agreements, drawn up with the assistance of Acas following negotiations between the employer and trade unions, the effect of which was to preclude the employees from bringing equal pay claims.
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