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early conciliation becomes mandatory on 6 May 2014

6 May 2014

From 6 May 2014, most potential claimants must use the new Early Conciliation (EC) procedure before they submit a claim to the Employment Tribunal. Conciliation is a form of dispute resolution (similar to mediation) carried out by ACAS. It provides an opportunity for parties to resolve their dispute with the help of an impartial third party, prior to entering into litigation. EC brings a number of benefits; it is free and can be fast and effective. However, conciliation is not mandatory and there may be reasons why a party can’t or doesn’t want to engage. In those circumstances, ACAS will issue a Conciliation Certificate and the claimant will be allowed to bring their claim.

In cases where a dispute is settled by conciliation, it is important for employers to ensure that the settlement is on an ‘all claims’ basis, to avoid the potential for further claims to be brought.

Click here for a link to our guidance note - ACAS Early Conciliation - Guidance for Employers.

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