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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…

Click on the link below to read the rest of the No5 Chambers briefing. 

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