Institute of Employment Rights Employment Law Changes Damian Warburton - Acas

Institute of Employment Rights Early Conciliation Settlement Agreements

Early Conciliation – Current process Individuals apply direct to Tribunals service Often without pre claim advice Individuals now pay a fee The process begins straightaway, the “clock” runs towards a hearing date often some months into the future. Claims are “coded” with a legal jurisdiction Employer must respond in writing within 28 days

Current Tribunal Process Representatives may be engaged Acas has a statutory duty to conciliate Judges and rooms are booked, claims are administratively processed through the system Claims may be settled or withdrawn, a legal process often at the last minute or… There is a hearing..

Early Conciliation likely April 2014 All “claims” lodged with Acas in the first instance One page online form, contact details only There will be a “conciliation pause” of one calendar month to allow conciliation to take place

Early Conciliation likely April 2014 First contact by close of day following receipt, contact details clarified for both parties, details of the claimants “story” obtained by Acas verbally. Conciliation remains voluntary although we will, as now, influence parties towards the value of taking part. Potential extensions or early conclusion possible.

Early Conciliation - Outcomes The claimant indicates that they have no further wish to pursue their claim. The matter is resolved / settled through Acas The matter is resolved internally by the parties themselves Either or both parties indicate they have no wish to take part and a certificate is issued by Acas such that Early Conciliation is concluded.

Early Conciliation - Outcomes The one month “pause” expires without resolution and a certificate is automatically issued. On receipt of the certificate a claim to the Employment Tribunal can be made A fee may be due, remission may be available. Conciliation through Acas still takes place, usually with the same Conciliator

Early Conciliation - Implications Compressed timescale for settlement discussions Largely cost free – no fees (no reps???) No immediate need to prepare or argue a legal case Different type of discussion - focus on settlement itself

Settlement Agreements Code of Practice + Guidance July 2013 Section 111A ERA 1996 – expands “without prejudice” discussions Voluntary process – discussion itself and any settlement Code is 8 pages, Guidance is 80 !!! From 29 July 2013 confidential discussions allowed as a means of ending the employment relationship. Runs alongside existing “without prejudice” discussions BUT there need not be an existing dispute for the discussion to remain confidential.

Settlement Agreements In writing Relating to a “particular complaint or proceedings” Employee must have received advice Reasonable time to consider Good practice to allow accompaniment Discussions are not admissible in Tribunal

Settlement Agreements Exceptions to confidentiality provisions Automatically unfair reasons Discrimination Breach of contract Improper behaviour Only applies to UD