Is Mediation Working? Damian Warburton 24 January 2017 1

Early Conciliation – the basics Introduced in April 2014 Employees must contact Acas before submitting a claim to Tribunal No obligation on either employer or employee to actively engage in conciliation If the issue is not resolved Acas issues a certificate and the individual can then complete an ET1

Early Conciliation – the numbers Pre – claim conciliation introduced in advance of early conciliation: 2013/14 20,000 + 41,000 ET1s 2014/15 83,000 + 61,000 ET1s 2015/16 92,000 + 83,000 ET1s

Early Conciliation – the numbers Impartial conciliation – the opportunity to resolve the issue without the need to resort to a tribunal Most (88,000) notifications in 2015/16 came from employees rather than employers Only 17% of employees and 10% of employers decline the offer of conciliation 30% of cases are resolved at this stage

Post - claim Conciliation If EC isn’t successful or is declined the offer of conciliation remains if the case is pursued to ET 73% of cases are resolved at this stage

Early Conciliation two years on Survey of 1,000 users of EC – claimants, employers and representatives Those who had engaged with EC had a much more positive view of post – claim conciliation 24% of claimants and 29% of respondents use representatives at EC (78% & 84% post – claim) 60% of employees and 45% of employers said EC had helped them prepare for the Tribunal process

Acas Conciliation - Delivering Justice?? “fairness in the way people are dealt with” Cambridge Dictionary “just behaviour or treatment” Concise OED “the quality of being just: fairness” the free dictionary

Acas Conciliation - Delivering Justice?? Claimants who cannot afford a hearing fee can still get a settlement via conciliation Low value claims (Wages Act / breach) account for 42% of all EC cases

Acas Conciliation - Delivering Justice?? A final thought In half of cases heard by a Tribunal the claimant loses – conciliation avoids this