Key Changes In Employment Tribunal Claims And How This Affects Your Policy
What Is The ACAS Early Conciliation Process?
It is now compulsory for individuals to contact the Advisory Conciliation and Arbitration Service (ACAS) before submitting a claim in the Employment Tribunal.
This is the start of the Early Conciliation process, which can last up to 6 weeks, the aim of which is to help the parties resolve the dispute and avoid an Employment Tribunal claim.
If conciliation is seen as a possibility an ACAS officer will liaise with the parties to try to resolve the dispute.
Where a resolution is not regarded as a possibility then ACAS will issue a certificate which will then allow the individual to lodge their claim in the Employment Tribunal.
For further details about the process call the Gateley Legal Advice Helpline on 0845 250 8585.
Why Is It Important?
The process may help you avoid a potential claim and resolve a dispute amicably in a cost effective manner.
It is also important that you are aware of the process to ensure you comply with the notification terms in your insurance policy.
How Does The Process Work in Pratice?
An ACAS officer will only contact you if the individual has indicated that they have a complaint but are willing to take part in Early Conciliation.
This is likely to be your first notification that you might be facing a claim. It is important that you engage in the process. If not you will miss this early opportunity to find out more about the allegations and potentially resolve the dispute before an Employment Tribunal claim is made.
What should I do when I am contacted by ACAS?
- Call the Gateley Legal Advice Helpline on 0845 250 8585. You will be advised by a team of specialist employment solicitors on the next steps you need to take.
- Inform your broker immediately and ensure notification is in turn made to Chubb otherwise this could invalidate cover under the policy.It is important that you act quickly to maximise the chance of keeping costs down and reduce the risk that a form Employment Tribunal claim will be made.
- Confirm to ACAS that you wish to engage in the process and that you will pass on details to your legal representative who will contact them.
- Gateley can guide you through the entire process and if you engage them you will benefit from pre-approved and preferential rates.
- Try to obtain as much information as possible regarding the potential claim
- Do not make any admissions or say anything which may prejudice your defence of any potential claim
- Do not try and reach a settlement yourself.