1. Is Mediation Working?
Damian Warburton
24 January 2017 1

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

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