6 April 2014 brings in yet another device by government to reduce the number of proceedings brought in employment tribunals by employees. This follows the dramatic increase in tribunal fees which are now the possible subject for government revision after a powerful campaign by the unions.
The new device is know as 'Early Conciliation' but, be warned, as an employee this system is far from comprehensive; it requires that you know every aspect and detail of your case, AND can keep track of the all important and confusing time limits.
From 6 April 2014 until 5 May 2014, you, as an employee, may contact ACAS once you feel that you have possible legal action against your employers, but from 6 May 2014 onwards you must contact ACAS and register with them online.
ACAS is the long established, well regarded, independent Advisory, Conciliation and Arbitration service.
After you have contacted ACAS and registered with them, you will be intent upon securing the all important 'Conciliation Certificate', and only after the issue of that certificate will you be able to issue proceedings in an employment tribunal.
You will have to notify ACAS within the requisite time limits; again, this takes great care because time limits can differ depending upon the nature of your case.
This brings us to a very fundamental point. Employment law is a vast, complex, fast moving area of law. Tribunals reach major decisions on law and policy every day. It would be very difficult for a lay employee to know whether s/he has a claim for unfair dismissal which could in fact be based on indirect discrimination, but which s/he feels may just be unfair because the redundancy pool wasn't big enough, for example.
An employee working on his/her own would not be able to persuade an employer to make full documentary disclosure, for example, without assistance in order to establish the truth of what actually had gone before his/her dismissal.
After registration with ACAS, you will then be contacted by an ACAS conciliator who will seek to facilitate a settlement if possible. These ACAS conciliators will be well trained but, like any public service organisation today, are hard pushed and under-funded. In our experience, even the most straightforward looking claim can take time, particularly when one party seeks to be difficult.
If, after hearing the ACAS conciliator, you still want to press ahead with your claim or the employer is not interested in settling, then ACAS will issue the all important 'Conciliation Certificate'.
Here again, the time limits can be confusing and it is vital that you keep a strict record of what has happened and when. When the ACAS conciliator becomes involved, the all important time limit within which to issue employment tribunal proceedings (usually three months, but there are exceptions) will be put on hold for 28 days, and that period could be extended for a further 14 days if it looks like conciliation could be achieved.
If there isn't a forthcoming settlement on the horizon, and these negotiations can be very difficult and can fall through at the last moment, then ACAS will issue the conciliation certificate.
Of course if the ACAS conciliation process works, it would be quicker, little or no cost for the employee, and a great deal less stress all round.
However, with little or no real threat of tribunal litigation, is an employer going to be ready to negotiate?
Even if you as an employee are ready to avail of the 'early conciliation' process, it would be best to contact an independent lawyer or one working with/for your union or professional association, for some preliminary advice regarding your situation. This could be done on a fixed fee basis, if you are worried about costs, and would arm you with all the correct questions to ask, an opinion of your legal position regarding employment law, what damages you should be seeking, and when you are embarking upon the 'early conciliation' process.
In fact the best of both worlds!
Contact Lewis Nedas Employment Lawyers in London
If you require any employment advice please contact us on 020 7387 2032 or complete our online enquiry form here.
