Earlier this year early conciliation was introduced with an aim to resolve workplace disputes without claims being issued with the employment tribunal. This was introduced on 6 April 2014 and was optional for the first month; on 6 May 2014 this became a pre-requisite to lodging a claim.
Figures have now been released following the first quarter (bearing in mind it was only encouraged in April):
|
Referrals |
April (optional) |
May |
June |
|
Employee referrals |
3,706 |
6,319 |
6,580 |
|
Employer referrals |
127 |
225 |
188 |
|
Total |
3,833 |
6,544 |
6,768 |
Actually entering into conciliation itself is not actually mandatory, the claimant just has to contact ACAS to discuss the possibilities and ACAS are under a duty to offer conciliation.
During this first quarter 7% of employees rejected the offer and 9% of employers rejected the offer; the majority of disputing parties seem to be open to the idea of conciliation.
The potential outcomes to early conciliation are:
- The matter is settled within the initial period. This would be formalised within a COT3 agreement; during this period 16.5% of cases which ended their early conciliation period in this first quarter resulted in a COT3 settlement.
- The employee decides not to proceed with their claim – ACAS have recorded 19% of employees who have completed early conciliation (without settling) as saying that they do not wish to proceed with their claim.This is only an informal indication as some may change their mind;
- The employee decides to lodge a claim;
- The parties settle the matter informally following early conciliation without the need for a COT3; and
- Conciliation with ACAS continues following the initial period.
