Further to our blog focusing on the new Early Conciliation Process, employment lawyer Claire Malka comments:
“There is still no obligation, even under the new rules, to take part in this new EC protocol; either side may reject the suggestion of becoming involved in the process. The Holy Grail is really obtaining the conciliation certificate.”
Looking at this situation from the perspective of an employer (and we have a large employer client base), is the EC process really going to be that attractive?
Employees do not have to go into any real detail of their grievance against the employer at this stage, so unless the employer is aware that a real, genuine, strong claim does exist at the earliest stage, what is the incentive for an employer?
An employee may not wish to spend the increased fee (now £160.00) to issue proceedings in the Tribunal, and an employer may well wish to proceed to Tribunal in order to flush out a weak or false claim. Many employers would see it as a sign of weakness to negotiate early.
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