A new horizon for pre-claim conciliation
By Mugni Islam-Choudhury
Mugni Islam-Choudhury considers the new rules on pre-claim conciliation which become compulsory from 6 May 2014. On 6 April 2014 new rules come into force requiring employees intending on bringing a claim in the Employment Tribunal to first exhaust ‘pre-claim’ conciliation with ACAS.
On 6 May 2014 these rules become mandatory, so that an employee will not be entitled to bring a relevant claim at all, unless this process has been exhausted. Those with long memories will remember similar rules on a ‘fixed conciliation period’ that were abolished along with the statutory dismissal and grievance procedures. The new pre-claim conciliation process is quite different but has the same intent in reducing the number of contested tribunal claims.
The rules are contained in The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations SI: 2014/254, and they apply to ‘relevant proceedings’ as set out in section 18(1) Employment Tribunals Act 1996, and therefore apply to the main tribunal claims such as unfair dismissal and discrimination…
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Claimant probably suffered feelings of ‘confusion […] frustration and/ or helplessness and injustice’ – particularly after getting no compensation.
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