I Wonder How ACAS Early Conciliation Works and Why It's Worth Considering

Workplace disputes can be challenging for both employers and employees and may lead to costly and time-consuming Employment Tribunal (ET) claims. However, before a case reaches that stage, there is an opportunity to resolve the issue through ACAS Early Conciliation.

The Early Conciliation process allows both parties to discuss the dispute, with the aim of reaching a settlement without going to the Employment Tribunal. For employers, engaging in Early Conciliation can help avoid legal expenses, reputational risks, and business disruption.

This article explores what ACAS Early Conciliation is, how it works, and how individuals and employers can navigate it effectively.

What is ACAS?

The Advisory, Conciliation and Arbitration Service (ACAS) is an independent public body that provides free and impartial employment advice. ACAS helps employers and employees navigate workplace issues by offering guidance on best practices and legal obligations.

The aim of ACAS's services is to improve workplace relationships and reduce the need for costly legal proceedings.

How does Early Conciliation work?

As a first step, trying to resolve any workplace dispute informally is always advisable, although this is not a requirement to bring forward an ET claim. This can usually be achieved by discussing the issue, for example, by having a direct conversation with the individual or manager involved to address concerns and see if a solution can be reached. Many disputes can be settled through open communication without the need for formal procedures. However, if an informal approach does not resolve the issue, the next step would be to follow a formal internal grievance or disciplinary procedure.

If the dispute remains unresolved after taking these initial steps, or if an individual wants to bring a claim to the ET in the first instance, ACAS Early Conciliation may be the next appropriate step.

What is the process for ACAS Early Conciliation?

An individual must inform ACAS if they intend to make an ET claim regarding a workplace dispute. Alternatively, an employer can reach out to ACAS if they have concerns that a dispute with an individual could lead to an Employment Tribunal claim.

When an individual informs ACAS of their intention to make a claim, ACAS will offer Early Conciliation, in which a conciliator will help facilitate communication between the two parties.

Upon receiving notification from an individual that they intend to bring an ET claim, ACAS will contact the individual and ask if they wish to proceed with Early Conciliation. A conciliator will then contact the individual to gather information and outline the conciliation process. If both parties agree to Early Conciliation, within the next six weeks, the ACAS conciliator will encourage conversation and negotiations between the parties to help them reach a settlement by:

• Discussing the issues
• Providing an overview of the law and reviewing how the ET has handled similar cases
• Helping both sides explore the strengths and weaknesses of the case
• Exploring potential options
• Outlining the ET process

If both parties reach a settlement during Early Conciliation, it is finalised in a legally binding settlement form called a 'COT3'. An individual will not be able to take their case to the ET if a settlement has been reached in Early Conciliation. Even if a claim has already been made to the ET, that case will be closed, and there will be no hearing.

However, if a settlement is not reached during Early Conciliation, the individual can progress the matter to the ET. ACAS will provide the individual with a certificate containing a number to be included on the ET1 form if they decide to make a claim.

Benefits of Early Conciliation

There are several potential benefits to using Early Conciliation, such as the following:

• Cost-effective – Early Conciliation is free, and if an agreement is reached, it helps to avoid the costs associated with lengthy legal proceedings.
• Time-effective – Unlike going to the ET, Early Conciliation can resolve a matter within weeks. In contrast, an ET case can take upwards of 12 to 24 months.
• Less formal – Early Conciliation is more informal than ET proceedings, which can positively influence the outcome by making the process feel less adversarial.
• Confidential – The process is confidential, and the information discussed cannot be used in the ET. In contrast, an ET case will be heard, and a decision will be made public.
• Preserves relationships – Since both parties must agree to participate in Early Conciliation from the outset, the atmosphere may be less hostile. Since the process emphasises compromise and allows both parties to leave satisfied, it is far more likely that relationships will be preserved, particularly if the parties continue working together.
• Impartial – The conciliator remains impartial, ensuring they do not favour either party. They also assist both sides in understanding each other's perspectives and provide unbiased advice, helping both parties make a fair and informed decision.
• Legally binding agreement – If an agreement is reached through Early Conciliation, it becomes binding, meaning the individual cannot initiate legal proceedings later regarding that dispute.

Conclusion

In conclusion, ACAS Early Conciliation is a key step in resolving workplace disputes effectively. The process carries several potential benefits, making it a preferable alternative to an Employment Tribunal claim.

If you have any questions regarding ACAS Early Conciliation or other employment law-related questions, please get in touch with our Employment Law team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.