Procedural requirement changes to Acas early conciliation
By Sarah Want
The mandatory Acas early conciliation (EC) regime came into force on 6 April 2014. For those claimants lodging claims on or after 6 May 2014, it will be compulsory to follow the EC process prior to submitting a claim. Failure to do so will mean any claim will be rejected. Prior to this date, transitional provisions apply, namely that the EC process will only commence if the claimant requests it.
The conciliation period commences on the date that the claimant provides the required information (the name and address of both the claimant and the respondent) to Acas. During this period, the clock stops with regard to time limits for lodging an employment tribunal claim. The EC process will come to an end if the Acas conciliation officer (CO) believes there is no reasonable prospect of achieving conciliation, if either party refuses to conciliate or withdraws from the process or if discussions fail. The CO will then issue an EC certificate and the clock will restart.
It is important to note that while the potential respondent to a claim can also instigate the EC procedure, it will not have the effect of stopping the clock for the purpose of the claimant’s limitation period…
Click on the link below to read the rest of the Veale Wasbrough Vizards briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Briefings from Veale Wasbrough Vizards
Squatting in residential premises has been a criminal offence since September 2012. However, this month, a case has considered this in relation to the law of adverse possession.
The EAT has found that while age discriminatory comments had been made to a former employee, these had not formed a material part of the employee’s constructive dismissal.
Analysis from The Lawyer
You don’t have to be a big firm to innovate and thrive in a downturn, as our look at the lower half of the UK 200 shows. We pick 10 inspiring stories