Background
The Enterprise and Regulatory Reform Act 2013 introduced many changes to employment law, which continue to be brought into force. From April 2014, there will be a number of changes, and some specific sections of the act will have an impact on DAS products.
From 6th April there will be a compulsory obligation for claimants in employment disputes to contact the Arbitration and Conciliation Advisory Service (Acas) before they can go to an Employment Tribunal. Acas will contact their employer and determine whether conciliation is possible. If either side rejects conciliation or it fails, the claim can continue to tribunal. Through introducing this requirement, it is hoped that disputes should be resolved sooner whilst avoiding the stress of having to go to an Employment Tribunal.
Key points
A prospective claimant must now present an Early Conciliation form to Acas, or telephone Acas before they can submit a claim to the Employment Tribunal.
A prospective respondent can also request Early Conciliation.
No details of the claim are required, only their name and address and the employer’s name and address must be supplied. Acas must make reasonable attempts to contact the prospective claimant, and if the claimant allows, Acas should make reasonable attempts to contact the respondent. If contact is not made, Acas will conclude that settlement is not possible.
The period of conciliation is one month, which can be extended by up to 14 days. The effect of conciliation is that the ‘clock stops’ with any Employment Tribunal limitation period.
If Acas concludes that settlement is not possible, or the conciliation period expires, then Acas must issue an Early Conciliation certificate (which allows the relevant proceedings to progress). A copy must be sent to the claimant by email if an address is provided, and to the respondent if the claimant has allowed them to be contacted.
If you like to discuss or review your current Employment Practices Liability (Legal Expenses) Insurance needs and requirements please contact the Commercial Team on 0113 250 0377.
