Search

How can we help?

Icon

The rules on Acas Early Conciliation (EC) changed

The standard EC period is now 6 weeks rather than a month (but there is no longer the possibility of extending it by 2 weeks). Although this may appear to give people 2 weeks longer to submit employment tribunal claims (if they submit the Acas form in time), the EC period can still be brought to an end early by either party informing Acas that they do not wish to conciliate. This generally includes situations where the individual informs Acas not to contact the prospective respondent, so businesses should not face an additional 2 weeks waiting to see if they are facing ‘surprise’ claims.

Since October, employment judges have had more leeway to accept claims where the EC number on the claim form does not match the EC certificate. The other change this week is that Acas has now been given greater scope to correct errors on EC forms. While the individual has always needed to provide their name and address and that of the prospective respondent, Acas is now allowed to correct errors on the form at any time before the end of the EC period.

The standard EC period is now 6 weeks rather than a month (but there is no longer the possibility of extending it by 2 weeks).

This change is further travel in the same direction as the case law which had already limited the ways tribunals could reject claims because an individual made a mistake in the EC process. Overall, this does mean more claims will get through but it is in line with the stated policy behind EC, which is to encourage conciliation of disputes rather than to place procedural hurdles in the path of claimants.

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.

About this article

Read, listen and watch our latest insights

Pub
  • 22 September 2023
  • Employment

Talking Employment Law: New family friendly rights

In this first podcast in the ‘Talking Employment Law’ series, Lucy Densham Brown and Rebecca Dowle, members of the employment team summarise some of the big new family-friendly Bills that are working their way through parliament.

art
  • 20 September 2023
  • Commercial Real Estate

Commercial buyers beware of residential Stamp Duty Land Tax

This article discusses a recent case in which a property buyer calculated the Stamp Duty Land Tax due on the purchase at a lower rate, due to the mixed-use purpose of the property.

art
  • 19 September 2023
  • Privacy and Data Protection

Organisations’ use of social media: Data protection

Social media applications (or commonly known as ‘apps’) are being developed all the time and we are constantly being introduced to new social media platforms, some of which take almost no time to gain huge popularity.

art
  • 14 September 2023
  • Immigration

Entrepreneurial Dreams: What is the Innovator Founder Visa?

In an era defined by innovation and entrepreneurship, the United Kingdom has made a substantial effort towards fostering its reputation as a global hub for start-ups and innovators. The introduction of the UK’s ‘Innovator Founder’ route has marked a pivotal moment in the country’s immigration policy.

art
  • 11 September 2023
  • Corporate and M&A

Changes to the tax treatment of Employee Ownership Trusts

The government published a consultation on 18 July 2023 seeking the public’s views on its proposals to reform the tax treatment of Employee Ownership Trusts and Employee Benefit Trusts. Parties are invited to express their opinions via email via the government website until the consultation closes on 25 September 2023.

art
  • 08 September 2023
  • Immigration

Navigating the Latest Immigration Rules for Overstayers in the UK: A Comprehensive Guide for 2023

Staying beyond the expiration of your UK visa is a serious matter that, in most cases, can result in significant and long-lasting repercussions.