The Government has published its response to the consultation on proposals for implementation of the mandatory Early Conciliation (EC) Scheme which is due to come into force on 6 April 2014.
This scheme will impose a duty on the parties to attempt to resolve their dispute through Acas before a Tribunal claim is issued. The Government's response has clarified various issues which had been raised in the consultation:
- claimants will not be required to include information about their dispute with their employer on the EC form;
- claimants will be able to pursue claims in the Tribunal which have not previously been discussed with Acas;
- the decision when to terminate the EC process because it has not been possible to contact a party will be left to the discretion of the EC Support Officer;
- Acas will not contact a prospective respondent without the express consent of the claimant;
- a request for EC can also be made by an employer or its representative in relation to current or former employees. These requests would not 'stop the clock' on a Tribunal claim; and
- the EC form is to be kept very simple. A draft form is included in the consultation response.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
