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01432 278179

01432 278179

  • Home
  • Individuals and families
    • Relationships and children
      • Relationships
      • Divorce
      • Dissolution of Civil Partnerships and Same Sex Marriages
      • Relationship Agreements
      • Domestic Abuse
      • Financial provisions on divorce or dissolution
      • You and your children
      • Child Living Arrangements
      • Child Maintenance Responsibilities
      • Related offers
    • Employment advice for you
      • Our employment advice services
      • Employment Advice Overview
      • Employment Tribunals
      • Settlement Agreements
      • Early Conciliation
    • Resolving personal disputes
      • Our services for personal dispute resolution
      • Boundary Disputes
      • Alternative Dispute Resolution
      • Personal Debt Recovery
      • Professional Negligence
    • Criminal Defence
      • Our criminal defence services
      • Crown Court
      • Magistrates Court
      • Police Station Representation
    • Wills, Trusts and Probate
    • Legal Costs
  • Business services
    • Company & Commercial
      • Company & Commercial
      • Company & Commercial Overview
      • Business Start-Ups
      • Commercial Contracts
      • Corporate Services
      • Corporate Services Overview
      • Business Structure
      • Transfers, acquisitions and disposals
      • Joint venture
      • Corporate Crime
    • Dispute Resolution & Debt Recovery
      • Dispute Resolution and Debt Recovery
      • Commercial Dispute Resolution
      • Commercial Litigation
      • Debt Recovery and Late Payment Demands
    • Commercial Property
      • Commercial Property
      • Commercial Property Mediation
      • Commercial Lease
      • Commercial Development
      • Buying and Selling
      • Landlord and tenant
      • Portfolio and asset management
      • Planning and environmental policy law
    • Employment and HR
      • Employment and HR Services
      • Employment and HR Overview
      • Legal Shield
      • Employment Contracts
      • Recruitment and Retention
      • Employment Investigations
      • Social Media at Work
      • Employee Appraisals
      • Training
    • Health and Safety
      • Health and Safety
      • Advice on Aspects of Health and Safety Law
      • Health and Safety Documentation
      • Tailor-made Policies, Procedures and Risk Assessments
      • On-site Health and Safety Management and Practical Guidance
      • Health and Safety HSE Interviews and Investigations
    • Regulatory Services
      • Regulatory Services
      • Bribery
      • Regulatory
      • Licensing
    • Legal Shield & Consultancy
    • Legal Costs
  • News
  • About us
    • About Kidwells
      • Learn more about Kidwells Solicitors
      • About us
      • Meet the Team
      • Our Mission and Values
      • Careers
      • Legal Costs
    • Policies, Procedures and Complaints
      • Policies, procedures and complaints
      • Terms of Business
      • Website Privacy Policy
      • Company Privacy Policy
      • Issues and Complaints
      • Equality and Diversity
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  • Contact
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Early Conciliation

It’s best practice to resolve workplace disputes as early as possible. Early conciliation enables you to do this and to settle a dispute without the stress, expense and time consuming court process.

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A better way to resolve workplace disputes

Early Conciliation is a process of solving disputes between an employee and their employer, and the majority of prospective Claimants must contact ACAS before they can present a claim to the Employment Tribunal.

We can help you by undertaking an initial review and assessment of your prospects of succeeding in pursuing or defending a claim. We can also value your claim by producing a Schedule of Loss or a Counter Schedule of Loss which sets out what you could realistically claim at the Tribunal.

Additionally, we will be able to assist you or conduct settlement negotiations via ACAS or directly with the other side.

Important things to consider:

  • You may decide Early Conciliation is appropriate if you want to avoid the cost and time of going to Tribunal.
  • Early Conciliation generally runs for one calendar month. However, a discretionary extension of 14 days is permitted if ACAS feels that there is potential to achieve a settlement.
  • The conciliator cannot advise either side on what to accept or which proposals to make, nor can they take sides and help either party prepare a case for the tribunal or a defence to a claim.

The main features of Early Conciliation

It is voluntary

Whilst it’s a requirement for an employee/prospective Claimant to contact ACAS before making a Tribunal claim, neither party has an obligation to take part in conciliation and can stop whenever they wish.

You are in control

Agreements are decided by the parties, not imposed by the Tribunal and/or ACAS. Agreed outcomes can include things not available at an Employment Tribunal, such as an employment reference, or an apology, or the settlement payment to be paid in instalments.

It informs both parties

Parties can get a clearer idea of the strengths and weaknesses of their case. This enables them to explore the options for resolving their differences.

It saves time and money

If parties can settle their differences, this will avoid the time, expense, risk, and stress of making or defending a tribunal claim or, if a claim has been made, of going to the Tribunal hearing.

It's confidential

Anything you tell ACAS can only be discussed with the other party if you agree that it will be helpful in trying to settle the matter. Settlement discussions cannot be used by either party at a Tribunal hearing. Tribunals are heard in public and decisions are published on the government website.

It can restore trust

If the prospective claimant is still employed, it increases the chance of avoiding a permanent breakdown of the employment relationship – if that is what both sides want to achieve.

Frequently Asked Questions

The role of the ACAS Conciliator

To explore ways in which they can resolve the potential claim, the conciliator will talk through the issues with the employer and the employees or their representatives separately.

Mostly this will take place over the telephone.

The conciliator will also, where appropriate:

  • Explain the conciliation process;
  • Encourage the use of internal procedures, such as, disciplinary and grievance procedures, if available;
  • Explain the way Tribunals set about making their decision and what things they take into account;
  • Explain how Tribunals decide what to award;
  • Discuss the options available;
  • Help parties to understand how the other side views the issues; and
  • Discuss any proposals either party has for a resolution.

What the ACAS Conciliator cannot do

The ACAS Conciliator cannot:

  • Know what the outcome of a Tribunal hearing would be if it went ahead;
  • Advise either side whether to accept or make any proposals for resolution;
  • Take sides, represent either party or help prepare either a case for Tribunal or a defence to a claim; and
  • Cannot take a view on the merits of a claim or advise whether a claim should be made.

What happens when the parties reach a resolution and what happens if they do not?

When a resolution is reached, the ACAS Conciliator will record what has been agreed on an ACAS Settlement form, known as a COT3. Both parties will sign this as a formal record of the agreement. The COT3 is a legally binding enforceable contract.

It is not always possible to reach an agreement as not every party wants to take part and some parties cannot settle their differences. If Early Conciliation has not been successful, prospective claimants will be provided with a unique reference number at the conclusion of the Early Conciliation process which must be entered on the Employment Tribunal claim form when a claim is submitted.

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