Handling employment tribunal claims

Acas conciliation

If an employment tribunal receives a claim against you, it will in most cases send a copy of it to Acas, which is an independent, impartial organisation. Acas will then write to you offering its services. These services are available in all but a few rare situations.

Conciliation in a tribunal case

Acas has a legal duty to offer conciliation - which is free and confidential - to parties involved in tribunal cases, or where a tribunal claim could be made. This means:

• informing both parties what the legal issues are
• explaining tribunal procedures
• acting as a neutral zone between parties
• acting as a neutral channel of communication, to explore whether an acceptable, legally binding settlement can be reached, avoiding the need for a tribunal hearing

The conciliator is independent so cannot represent either party. You can decide at any stage of the tribunal process whether to be advised and/or represented. 

The benefits of conciliation compared to tribunal hearings include:

• confidentiality
• a solution agreed by you rather than imposed upon you by the tribunal
• avoiding the time, effort, cost of preparation and the stress of attending a tribunal
• eliminating the risk of losing the case
• lessening damage to the employment relationship

Fixed conciliation periods were introduced in October 2004, although not for claims involving discrimination, equal pay or whistleblowing - in these cases Acas has an ongoing duty to conciliate. There is a seven-week conciliation period for cases involving unauthorised wage deduction, breach of contract, redundancy payments, or certain other matters. In all other cases, there is a 13-week standard conciliation period. Fixed conciliation periods are intended to encourage parties to settle claims at the earliest opportunity.

After this period the services of a conciliator will only be available in exceptional circumstances.

Non-tribunal conciliation

Acas can also conciliate in a situation where someone could make a tribunal claim against you but hasn't yet. This process, often called a non-ET1 because no ET1 form goes to the tribunal, works just like conciliation in a tribunal case and can be settled in the same way.

Subjects covered in this guide

• Introduction
• What happens after an employment tribunal receives a claim
• Alternative ways of resolving employment disputes
• Acas conciliation
• Preparing for a tribunal case
• Tribunal procedure - hearings before/after the main hearing
• Tribunal procedure - the main hearing
• Possible outcomes from tribunal cases
• Challenging a tribunal judgement

 

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