Government launches consultation on "early conciliation"

The Government has launched a consultation on the detail of the "early conciliation" process, which will require prospective claimants to send information about their claim to Acas prior to lodging a tribunal claim. 

The Enterprise and Regulatory Reform Bill introduces a requirement for prospective claimants to contact Acas before being able to issue an employment tribunal claim. On receipt of the prospective claimant's information, Acas will attempt to conciliate on the dispute. This initiative is part of the Government's plans to promote settlement of employment disputes without recourse to an employment tribunal. Tribunal limitation periods will be suspended during conciliation. 

The consultation looks at the draft Regulations and administrative process for early conciliation. The areas on which the Government seeks views include:

  • the draft Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2013;
  • the draft early conciliation form that prospective claimants will use to contact Acas, which will not require them to provide information about the nature of their claim;
  • the jurisdictions in which early conciliation will not be required;
  • whether or not the early conciliation process set out in the consultation document is appropriate;
  • whether or not there should be a limit on the number of attempts and length of time Acas takes to contact the parties; and
  • the content of the early conciliation certificate, which Acas will need to issue to enable prospective claimants to proceed with their claim. 

The consultation closes on 15 February 2013. 

Also

The XpertHR policies and documents service includes a form for responding to an employment tribunal claim and an example response to an employment tribunal claim. 

Tribunal procedures and penalties The XpertHR employment law manual provides an overview of the Government's plans for employment tribunal reform. 

Employment tribunal claims: 2012 XpertHR survey on costs and consequences XpertHR research finds that most employers have made changes to their internal processes as a result of defending an employment tribunal claim.