1. Institute of Employment Rights
Employment Law Changes
Damian Warburton - Acas

2. Institute of Employment Rights
Early Conciliation
Settlement Agreements

3. 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

4. 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Claims may be settled or withdrawn, a legal process often at the last minute or…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..

5. 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

6. 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.

7. 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.

8. 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

9. 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

10. 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.

11. 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

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