Acas early conciliation – How we settled a potentially costly claim
In this blog, we’ll walk you through the Acas early conciliation process. We’ll share the journey of a client who went through this process with a former employee who, after being made redundant, threatened to make a claim based on the grounds of disability discrimination.
What is Acas early conciliation?
In 2014, Acas early conciliation was established with the purpose of reducing the number of cases progressing through to employment tribunal.
When an employee (or former employee) has exhausted internal processes, such as dismissal or grievance appeals, the next step is Acas early conciliation. This is the stage preceding the Employment Tribunal.
By its very nature, conciliation is a voluntary process, with both employee and employer having the right to decline the opportunity to conciliate. For instance, you may have an aggrieved (former) employee who does not wish to conciliate. In this scenario, Acas will issue a certificate with a reference number, which can be used to apply to the Employment Tribunal.
If you are in a situation where the (former) employee wishes to conciliate, Acas will approach the employer and convey the employee’s case. Our recommendation to employers is to enter conciliation, as this enables you to identify exactly what the employee is requesting by way of resolution.
What are the timescales?
After a period of 6 weeks, the matter may be settled via an agreement between both parties. If the matter remains unresolved, Acas will issue a certificate to the employee. The employee can either drop the matter or make a claim to the Employment Tribunal.
Case Study | How we settled a potentially costly claim
The Challenge
Recently, an employer came to us having inadvertently made an employee redundant without following the correct procedures. The former employee contacted Acas claiming that the redundancy was due to disability discrimination. The employee stated that they would be willing to settle the matter for several thousand pounds in return for not pursuing it further to a legal claim.
The employer realised that they did have some liability in the matter, having made a procedurally incorrect, and therefore potentially unfair dismissal, but there was no intent, or evidence of discrimination against their former employee.
The Solution
On behalf of the employer, we liaised with Acas. Due to our in-depth knowledge of employment law, realistic claims and understanding of possible compensation for the different claim types, we were able to settle the matter for a significantly reduced sum compared with the initial demands. We also forged an agreement with the former employee, that they wouldn’t pursue an unfair dismissal or disability discrimination claim against their former employer. Our client was very satisfied with the outcome.
In the time since, we have continued to work with this client, ensuring that their procedures comply with employment law and follow best practice.
If you need help with Acas early conciliation or want to find out how to avoid it in the first place, we can help – arrange a chat with us.
