ALERT: Changes to ACAS Early Conciliation.

1st December 2020 Employment

From 1 December 2020, The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020 (SI 2020/1003) came into force and amends the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 (SI 2014/254) that originally introduced the Early Conciliation process.

The key amendment

It means that from 1 December 2020, there is now a standard 6 week ACAS early conciliation process rather than a default one month with a possible extension of a further two weeks if the parties are interested and are engaging in the process.

What does this mean, practically?

The approach is likely to be welcomed as a sensible one in comparison to the unnecessarily complicated default 1 month with an option to extend. Implementing a standard 6 week period provides parties a greater and certain window to conduct resolution before matters reach the Employment Tribunal. Whilst the amendment can be seen as beneficial to the parties involved, it may also relieve ACAS of their backlog of cases which have resulted from the effects of the global COVID-19 pandemic.

What remains unchanged?

The notification obligation and time limitations for claims (often one month from the date of the certificate) remain unchanged.

If you need advice or have any queries about dealing with any workplace issues, please contact Paul Chamberlain or another member of the employment team at JMW Solicitors LLP on 0345 241 5305.

This note is for general guidance only and should not be used for any other purpose. It does not constitute, and should not be relied upon as legal advice.

JMW Solicitors is a Limited Liability Partnership. The copyright in this note is owned by JMW. Any reproduction of this article should be credited to JMW. All rights reserved.

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Lauren Scott is a Trainee Solicitor located in Manchesterin our Trainee Solicitors department

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