The introduction of compulsory pre-tribunal claim conciliation and forthcoming changes to the transfer of undertakings regulation

By Will Clift

This year saw a raft of changes to employment law being introduced by the coalition government and 2014 will be no different with a number of measures scheduled to come into effect in the coming months. Below is a summary of the changes that are planned for the ACAS conciliation regime and the Transfer of Undertakings Regulations (TUPE), as well as an analysis of the impact these changes will have on employers and employees.

The coalition government is currently planning to introduce changes to the ACAS conciliation regime in April 2014. Under the planned changes, those wishing to bring an Employment Tribunal claim against their employer will have to take part in compulsory ACAS conciliation before being allowed to lodge a claim.

The would-be claimant will be required to contact ACAS, giving their basic details and those of the employer. A conciliation officer will then attempt to promote settlement between the parties. If settlement is not reached within one month, or if the conciliator decides it is not possible, the claimant will be issued with a certificate and the claim proceeds as normal. It is worth noting that while contacting ACAS in the first instance is compulsory, either party can refuse to conciliate at any stage thereafter…

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