What does ACAS conciliation mean for employers

With effect from early April, employees and employers will be expected to address the issue of ACAS conciliation in employment tribunal claims. As of 6 May 2014, claims will not be accepted without a conciliation certificate.

What does this mean for me as an employer?
If you are contacted by ACAS it means that an employee or previous employee is considering taking you to a tribunal. If the person is still an employee then the matter can be dealt with as a grievance if this has not already taken place. There is therefore an opportunity to resolve the matter. If the employee has left then it is more an issue of whether the employer wishes to settle the matter financially without the case proceeding further.

How long does conciliation last?
Conciliation lasts for one calendar month and, can be extended by fourteen days. It pauses the three month time limit in which a person can submit a claim. However, if the parties or one party does not wish to take part then the certificate will be issued and the process ends.

Do I have to take part?
Absolutely not. The system is voluntary and neither party is obliged to take part. However, the employee cannot pursue any claim unless he has made a referral to ACAS and obtained a certificate.

Can my solicitor deal with the matter for me?
Yes this is allowed. As before, your solicitor can negotiate with ACAS on your behalf. There are certain advantages to this as a solicitor will be more experienced and will be in a better position to assess whether the claim should be settled and, if so, for how much.

What should I do if contacted by ACAS?
This very much depends upon whether you feel that you have a case and whether you have the stomach for an employment tribunal claim. Cases that are settled early one can be done so with confidentiality clauses and obviously save time and legal fees. However, some employers if they feel that they are in the right will not want to settle. The best advice is to seek legal advice at an early stage. It may be that an hour spent talking over matters with a legal adviser will give you a far better idea of the risks involved, the costs involved and the chances of defending the claims.  

What are the key issues to conciliation?

• Obtain some initial legal advice on the merits of the potential claim.
• Try to establish if the employee has managed to find alternative employment as this can substantially affect what the claim is worth.
• Listen to what the ACAS representative has to say and consider the arguments put forward by the potential claimant. 
• Put forward your own case politely but with conviction.
• Make a decision to settle or carry on. Even if you do carry on there is nothing to prevent settlement at a later date.

This article gives our thoughts on ACAS conciliation and how matters may work. It is not meant to be specific legal advice on any particular set of facts. If in doubt legal advice should be sought. We have considerable experience in dealing with employment tribunal claims and can be contacted on 01582 439795.