Search

How can we help?

Icon

Is ACAS Early Conciliation working?

Early conciliation is a free service offered by ACAS.  It was previously available on a purely voluntary basis, however, from May 2014 it became mandatory to contact ACAS before lodging a claim.  This was in an effort to encourage early engagement and settlement between the parties, thereby, removing the need to pursue claims in the Employment Tribunal.  ACAS conciliation remains open to the parties thereafter, but on a voluntary basis. 

Now, two years on, ACAS have published a research paper on the effect of the early conciliation process on employment tribunal claims.  So what has been the impact?

Interesting findings of the report include:

  • There were 92,000 early conciliation notifications made to ACAS between April 2015 to March 2016, an increase of almost 1,000 from the previous year
  • Over the entire two year period:
    • 31% of claims settled during the early conciliation stage (17% of claimants credited ACAS’ involvement, at the early conciliation stage, as important in their decision to settle)
    • 22% of claims settled after the early conciliation stage, following the issuing of proceedings (1% of claimants credited ACAS’ involvement, at this post-claim stage, as important in their decision to settle)
    • 71% of claims notified to ACAS (including those later issued) did not proceed to a full hearing

 

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

Chambers and Partners

The Clarkslegal team are commercial and good to work with. They get what our business needs and tell me what I need to hear.

The increase in the number of ACAS notifications show that disputes in the workplace remain as prevalent as ever.  However, the statistics reveal that a fair proportion of the claims notified to ACAS (31%) settled during early conciliation (i.e. before a claim had been issued) and, thus, the process would seem to be having the desired impact in encouraging the parties to settle disputes early and without recourse to the Employment Tribunal.  The report also demonstrates the major role ACAS still plays throughout the tribunal process.

Early conciliation is a potential opportunity to reach an early and more commercial resolution and employers should bear in mind that they are also free to initiate the process.  The report found that 4,000 cases had been notified by the employer between April 2015 and March 2016, an increase of 60% from the previous year.

About this article

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 12 June 2024
  • Privacy and Data Protection

UK data protection: Important basics

Sometimes, data protection can seem like unhelpful red tape. At other times, it is critical to cultivating a trustworthy reputation.

art
  • 11 June 2024
  • Immigration

UK Immigration Roundup – May to June 2024

As the UK approaches the upcoming general election, immigration remains a focal issue in political discussions. The Conservative party’s recent proposal to cap visas for skilled migrant workers has alarmed various industries who are concerned that a limit to migration could harm vital sectors of the UK economy.

Pub
  • 06 June 2024
  • Employment

Talking Employment Law: What does the new Worker Protection Act 2023 mean for employers?

In this podcast, Lucy Densham Brown and Shauna Jones, members of the employment team, will review the new Worker Protection Act 2023 and provide some guidance on how employers should review their policies in preparation for October.

art
  • 03 June 2024
  • Commercial Real Estate

Sustainability and commercial property: green leases  

Climate change is considered by many the biggest threat we are facing today. With the UK said to have one of the oldest housing/building stocks, the focus on a building’s environmental performance and sustainability has never been more critical.

art
  • 03 June 2024
  • Employment

Using AI technologies in recruitment: is it fair and transparent?

In a rapidly evolving digital landscape, where artificial intelligence (AI) plays an increasingly pivotal role in HR and recruitment processes, ensuring responsible and ethical implementation is paramount.

Pub
  • 03 June 2024
  • Employment

Navigating the Labour Party’s New Deal for Working People: Legal implications and opportunities

Join Monica Atwal and Amanda Glover, for this in-person seminar on ‘Navigating the Labour Party’s New Deal for Working People: Legal Implications and Opportunities’ at our Reading office on Thursday, 20th June.