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Mandatory Early Conciliation Scheme in employment law 2014

23rd December 2013

As in 2013, there will be a number of important changes which firms, and their HR practitioners, should be aware of.

One such change, the mandatory Early Conciliation (EC) Scheme, is due to be implemented in April 2014 and will see claimants required to submit details to Acas before making going ahead with a full Employment Tribunal claim.

Government findings from the consultation on the EC scheme have clarified a number of issues including:

  • prospective respondents will not be contacted by ACAS about the dispute without the claimant’s consent;
  • employer details will not have to be included on the EC form by a claimant;
  • employers (or their representatives) can make a request for EC regarding current or former employees and this will not “stop the clock” on a Tribunal claim.

Employment lawyers have been pleased to hear that the EC form is to be kept straightforward so as to enable claimants to complete the early stages of EC without high levels of representation. It is also hoped HR practitioners will view the scheme as a last chance to solve any employment dispute through mediation rather than going to Tribunal.

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