Category Archives: Early Conciliation and Settlement

The pitfalls and perils of Early Conciliation

Another ACAS Early Conciliation Case  The Employment Appeal Tribunal have recently ruled on another case about the Early Conciliation process and clarified that there must be a separate Early Conciliation form for each respondent. However, in this case the employees claims were allowed to proceed. The Law Since 2014 in the majority of cases employees […]

ACAS Early Conciliation: Another case about the correct employer name!

Different name on ET1 & Early Conciliation certificate was a minor error  Completely confounding the law of averages, here we have another case in the Employment Appeal Tribunal (EAT) on the question of whether an ET1 (the Tribunal claim form) will be rejected if the name of the employer (known as the respondent) differs to […]

What happens if the employer named on a claim form differs to that on the Early Conciliation certificate?

ACAS Early Conciliation and the impact on an employees claim If the respondent employer named by the employee on the claim form (ET1) is considered substantially different to the name given on the ACAS early conciliation certificate (EC certificate), the ET1 will be rejected. This is what happened in the recent case of Giny v […]

Another Early Conciliation Case

The Tricky Issue of Time Limits and ACAS Early Conciliation Cases concerning the extension of time limits in the Employment Tribunal and ACAS Early Conciliation procedures continue to occupy the Employment Tribunals with this latest case decided by the Employment Appeal Tribunal where the employee went through a second round of early conciliation and attempted […]

Protected Conversations & the Without Prejudice rule

When can negotiations with an employee be used as evidence? Employers now have two ways in which they can have frank discussions with employees to try to settle disputes, either before they arise or after they have arisen. In this recent case the admissibility of evidence from settlement negotiations was discussed, and provides some useful reassurance for employers. […]

ACAS Early Conciliation: The correct Respondent?

Further questions about the application of Early Conciliation have been answered by the Employment Appeal Tribunal Recently there have been several cases dealt with by the Appeal Tribunal regarding the practical effects of the Early Conciliation process on claims in the Employment Tribunal. Just last week on the podcast I featured a case about the […]

Early Conciliation: Claim rejected

  The first reported rejection of a claim On the 6th May 2014 new early conciliation procedures were introduced requiring an employee to submit details of their claim to ACAS and obtain a certificate before being able to proceed with their claim in the Employment Tribunal. The aim of the procedure is to try to […]

Early Conciliation

Your Questions Answered You may have heard on the news or the business grapevine about the introduction of Early Conciliation, which is the government’s latest attempt at resolving employment disputes and reducing claims in the Employment Tribunal. If you have not heard about early conciliation don’t worry it only came into effect on the 6th […]

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