New rules due to come into force in April 2014 introduce a new
tier for employees who wish to bring a claim before an employment
tribunal.
Step one
Before lodging a claim an employee must complete a form to Acas
with details of the names, addresses and contact numbers of the
parties.
Step two
Acas will then contact the employee to obtain basic information.
Where an employee wishes to participate in Early Conciliation, the
matter will be passed to a conciliator.
Step three
The conciliator will then contact both parties. If the employer
does not wish to participate in a settlement negotiation, the
employee can go ahead with the claim. If the employer agrees to
participate there is one month window to reach a settlement.
Step Four
If a settlement is not reached, the employee may then submit a
claim.
ACAS have always been involved in employment tribunal claims but
only once a claim has been issued. The new rules will make it
obligatory for the parties to try to reach a settlement before the
matter goes to court.
Given that employees now have to pay tribunal fees to lodge a
claim, this early conciliation may be a welcome process to avoid
going to court and can avoid the costs for employers of defending
employment claims.
If you have a dispute with an employee, or would like to talk
about any employment matters please call on my direct line (01273
447069) or email me at Nicole.Humphreys@acumenbusinesslaw.co.uk.