ACAS Early Conciliation Procedures & Processes for Employers – Advice & Support Service
How does mandatory ACAS early conciliation work?
Mandatory ACAS early conciliation requires that all employment disputes be submitted to ACAS through the government portal before proceeding to an employment tribunal. Once the employee submits their claim, ACAS engages with them to discuss the case details and outline the process.
For the employer, no action is required until ACAS reaches out to initiate the conciliation process. If both parties agree to participate, an ACAS conciliator will then mediate discussions between the employee and employer, or their respective representatives, to resolve the issue without the need for a tribunal. For instance, an employee disputing their redundancy payment may seek a higher settlement through ACAS instead of going to court. Gateway Employment Partners offers expert advice on whether such claims might succeed, enabling employers to make a fair offer during the conciliation process and avoid costly legal disputes. Contact us today to learn more about our ACAS early conciliation support services.
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What’s the ACAS early conciliation process?
The ACAS early conciliation process starts when an employee notifies ACAS of their intention to bring a tribunal claim. ACAS will then assess the situation with the employee to determine if early conciliation is advisable, and in most cases, they recommend attempting an early settlement. If the employee agrees, ACAS contacts the employer to begin negotiations. Both parties will then try to reach an out-of-court settlement, known as a COT3 agreement, which is legally binding. It’s advisable to seek expert guidance before agreeing to any settlement.
If you require further clarification on the ACAS early conciliation process, contact Gateway Employment Partners for bespoke advice and support tailored to your needs. Our 24/7 early conciliation team is ready to assist you!
Quick ACAS Early Conciliation Guide for Employers
Employee and Employer Are Not Required to Engage in Discussions
While employees are obligated to notify ACAS of their intention to file a claim, this does not mean they are compelled to pursue an ACAS settlement agreement. Although COT3 agreements are typically preferred by employers, this may not apply in every situation. If an employee is presenting a baseless claim, you might choose to decline the ACAS process, just as an employee may opt not to seek a settlement with you.
Employees Submitting Multiple ACAS Conciliation Claims
If employees are filing several ACAS claims, such as in instances where they are raising equality complaints against an employer who has provided a statutory defence, they must submit individual early conciliation forms for each respondent they deem accountable.
As an employer, you have the opportunity to voice your perspective during the early conciliation process.
When seeking early conciliation support for employers, you might think that you need to propose a settlement if ACAS reaches out, but that’s not necessarily true. The ACAS conciliator does not recommend any solutions or enforce their own opinions on the matter.
ACAS Early Conciliation Isn’t Just for Employees
While ACAS has allowed employees to bring a greater number of conciliation settlements claims against employers, it also helps employers. Employers can try to find where they are concerned that a dispute or issue in the workplace is likely to result in Employment Tribunal proceedings going forward. Avensure’s early conciliation advice for employers can help you decide if this is something you wish to pursue.
How Long Does the ACAS Early Conciliation Process Take
With proper early conciliation support for employers, most early conciliation cases are expected to last up to a month. As of December 2020, the early conciliation time limit was established at six weeks to provide ACAS with more time to reach out to claimants regarding any missing information.
COT3 Agreements & Settlements
A formal settlement agreement established through ACAS is known as a COT3. This contract between the employer and employee outlines the agreed terms and timeframe for any payments. Since it is legally binding, our COT3 advice for employers is essential to help you comprehend your obligations within the contract.
Are you concerned about employee ACAS early conciliation claims? Get in touch with Avensure today.
ACAS Early Conciliation Service for Employers FAQs
Yes, an employer can propose that both parties consider the ACAS early conciliation process if they believe a dispute may lead to an Employment Tribunal. However, the employer must first obtain the employee’s consent before reaching out to ACAS. Once permission is granted, the employer can provide ACAS with the contact details of both parties’ representatives. Following this, an early conciliation agreement is pursued as if the employee had initiated the process themselves. It’s important to note that neither the employee nor the employer is obliged to accept any agreement during this process.
Once the ACAS early conciliation process is initiated, a period of six weeks is designated for it. Previously, this timeframe was set at one calendar month, with the possibility of extending it by an additional 14 days. This adjustment was made in December 2020 to both standardise the process and address the fact that many cases were taking longer than a month to resolve. If the ACAS procedure does not lead to an agreement, the claimant has one calendar month to escalate the dispute to an Employment Tribunal.