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ACAS early conciliation after certificate is issued

Employment and Discrimination Law

ACAS early conciliation after certificate is issued

Postby south1 » Sat Jan 21, 2017 1:55 pm

When we want to issue a claim to the Employment Tribunal we have to go through a compulsory early ACAS conciliation period. When this ACAS conciliation period ends ACAS issues a certificate which allows the claimant to issue a claim. There is a three-month limitation period to issue a claim to the Employment Tribunal. The claimant has an additional month after this certificate is issued to issue his claim.

I would like to know if we can still reach early conciliation with the employer through ACAS within this additional month after this certificate has been issued without the need to issue a claim to the Employment Tribunal or we have to issue a claim otherwise ACAS does not intervene anymore?

This is very important if we need more time to first try to reach a settlement with the employer using his internal procedure, if this is not possible to try to reach an ACAS early conciliation and if is not possible to issue a claim to the Employment Tribunal.
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Re: ACAS early conciliation after certificate is issued

Postby south1 » Sat Jan 21, 2017 3:25 pm

I have submitted an Early Conciliation notification form and an ACAS conciliator has been appointed.

However the problem that I have is that I am still negotiating with my employer to find a settlement and I do not want that the ACAS conciliator contacts my employer as long as I am still negotiating with him because I do not want he knows that I have already approached ACAS because this could be considered as hostile. The problem is that we are coming close to the one month deadline after which the ACAS conciliator has to issue a certificate. It is why I would like to know in case my negotiation fails with my employer if I can still ask to my ACAS conciliator to contact my employer to try to find an early conciliation even if this certificate has been issued without the need to issue a claim because to issue a claim even if I withdraw it will cost money and could be seen as hostile by my employer?
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Re: ACAS early conciliation after certificate is issued

Postby south1 » Sat Jan 21, 2017 4:16 pm

I have found an extract of a unique document found in the following website

http://www.acas.org.uk/media/pdf/c/h/Ea ... wchart.pdf

which says

"There’s a time limit to make an Employment Tribunal claim usually of
three months which pauses if you engage in Acas Early Conciliation.
However conciliation doesnt stop there. You can contact Acas for
conciliation before you lodge the Employment Tribunal claim, and up to
the point of an Employment Tribunal hearing"


This could be a reply to my question
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Re: ACAS early conciliation after certificate is issued

Postby blig » Sat Jan 21, 2017 4:23 pm

I do not want [the employer to] know that I have already approached ACAS because this could be considered as hostile


But the employer will already know - ACAS writes to them. Whether or not you personally regard this as "hostile", or worry that the employer might see this as "hostile", inviting Acas to assist with arbitration is not a hostile action. Instead, talk through the reason for your concern about this with the ACAS conciliator.

ACAS will at all stages help to find a solution avoiding or bringing an earlier end to legal action. At some point this becomes "conciliation" rather than "early conciliation".
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Re: ACAS early conciliation after certificate is issued

Postby south1 » Sat Jan 21, 2017 4:52 pm

Are you sure that ACAS write always to the employer only when a claim has been issued and not when an Early Conciliation notification form has been submitted?

Because in my case it seems to me that my ACAS has not yet contacted my employer because my ACAS conciliator is waiting that I provide him with the detail of my manager

Moreover I am currently negotiating a settlement with my employer and my employer has not made any reference to ACAS in his correspondences even though I have submitted my Early Conciliation notification form to ACAS sometime ago what suggests that ACAS has not written to him
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Re: ACAS early conciliation after certificate is issued

Postby blig » Sat Jan 21, 2017 9:51 pm

You said a conciliator had been appointed

More formally the process is (from "Early conciliation explained" published by Acas):

Only when the Conciliator has made contact with the claimant and explained the next steps and the claimant agrees that they want to proceed with Early Conciliation will they approach the employer. The Conciliator will aim to make contact with both parties by the end of the following working day. If we cannot make contact with the claimant over a reasonable period of time, or if the claimant indicates they do not want Early Conciliation, we will close the case and an Early Conciliation certificate will be issued. This will be sent via email or by post as appropriate.
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