The Early Conciliation process

Here is a summary of the Early Conciliation process applicable from 6th April 2014:

Prior to submitting an ET1 claim form a prospective claimant must present an EC form online or by post to ACAS or telephone ACAS and provide the information over the phone.

The EC form will ask the prospective claimant for:

  1. Their name and address.
  2. the Respondent’s name and address.

The form will not contain any information about the dispute.

When the EC form is lodged a process called “stop the clock” comes into effect. Please see extension of time for more information.

ACAS will attempt to make contact with the prospective claimant and take further details of the potential complaint by close of play on the working day following receipt of the EC form.

ACAS will ask for the Claimants consent to contact the Respondent (the employer). If the Claimant says no then ACAS must conclude that settlement is not possible.

If the Claimant consents to contact being made with the Respondent, ACAS will make reasonable attempts to get in touch with the Respondent.

ACAS will attempt to conciliate between the parties (or the parties representatives) for up to 1 calendar month from receipt of the EC form or the telephone call. However subject to parties consent and if there is reasonable prospect of settlement, then one extension only of up to 14 days can be agreed.

If agreement is reached during EC then ACAS will ask for settlement wording and record the terms on a legally binding COT3 form.

If ACAS conclude that settlement is not possible or if the conciliation period ends without settlement, then an EC certificate will be issued.

The EC certificate will contain:

  1. Name and address of Claimant and Respondent
  2. Date of receipt of EC form
  3. Unique reference number (EC number)
  4. Date of issue of certificate

The EC certificate will not contain any information about the potential claim.

The EC certificate will be sent to the potential claimant. The EC certificate will only be sent to the Respondent if contact has been made with them.

The potential claimant requires the EC certificate in order to proceed and submit an ET1 claim for at an employment tribunal.

 

The EC number will need to be inserted on the ET1 claim form.

 

The Respondent will not receive a copy of the EC certificate:

  1. If the potential claimant does not consent to contact with the Respondent being made.
  2. If the consent is given by the potential claimant and despite reasonable attempts by ACAS contact is not made with the Respondent

Ensure any calls received from ACAS are taken otherwise you will not receive potential prior warning of a claim.

The EC certificate will be sent by email if an email address has been provided otherwise it will be sent by post.