1 / 12

Institute of Employment Rights

Institute of Employment Rights. Employment Law Changes Damian Warburton - Acas. Institute of Employment Rights. Early Conciliation Settlement Agreements. Early Conciliation – Current process. Individuals apply direct to Tribunals service Often without pre claim advice

oya
Télécharger la présentation

Institute of Employment Rights

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Institute of Employment Rights Employment Law Changes Damian Warburton - Acas

  2. Institute of Employment Rights • Early Conciliation • Settlement Agreements

  3. Early Conciliation – Current process • Individuals apply direct to Tribunals service • Often without pre claim advice • Individuals now pay a fee • The process begins straightaway, the “clock” runs towards a hearing date often some months into the future. • Claims are “coded” with a legal jurisdiction • Employer must respond in writing within 28 days

  4. Current Tribunal Process • Representatives may be engaged • Acas has a statutory duty to conciliate • Judges and rooms are booked, claims are administratively processed through the system • Claims may be settled or withdrawn, a legal process often at the last minute or… • There is a hearing..

  5. Early Conciliation likely April 2014 • All “claims” lodged with Acas in the first instance • One page online form, contact details only • There will be a “conciliation pause” of one calendar month to allow conciliation to take place

  6. Early Conciliation likely April 2014 • First contact by close of day following receipt, contact details clarified for both parties, details of the claimants “story” obtained by Acas verbally. • Conciliation remains voluntary although we will, as now, influence parties towards the value of taking part. • Potential extensions or early conclusion possible.

  7. Early Conciliation - Outcomes • The claimant indicates that they have no further wish to pursue their claim. • The matter is resolved / settled through Acas • The matter is resolved internally by the parties themselves • Either or both parties indicate they have no wish to take part and a certificate is issued by Acas such that Early Conciliation is concluded.

  8. Early Conciliation - Outcomes • The one month “pause” expires without resolution and a certificate is automatically issued. • On receipt of the certificate a claim to the Employment Tribunal can be made • A fee may be due, remission may be available. • Conciliation through Acas still takes place, usually with the same Conciliator

  9. Early Conciliation - Implications • Compressed timescale for settlement discussions • Largely cost free – no fees (no reps???) • No immediate need to prepare or argue a legal case • Different type of discussion - focus on settlement itself

  10. Settlement Agreements • Code of Practice + Guidance July 2013 • Section 111A ERA 1996 – expands “without prejudice” discussions • Voluntary process – discussion itself and any settlement

  11. Settlement Agreements • In writing • Relating to a “particular complaint or proceedings” • Employee must have received advice • Reasonable time to consider • Good practice to allow accompaniment • Discussions are not admissible in Tribunal

  12. Settlement Agreements Exceptions to confidentiality provisions • Automatically unfair reasons • Discrimination • Breach of contract • Improper behaviour

More Related