Acas has welcomed the Government’s proposal for all potential employment tribunal claims to be offered early conciliation with Acas first. Acas disagrees, however, with the proposals that unfair dismissal cases and appeals to the Employment Appeal Tribunal should normally be heard by a judge sitting alone.

In its submission to the Government’s consultation document ‘Resolving workplace disputes’, Acas has said that the plans for all potential employment tribunal claims to be offered early conciliation with Acas first would enable the expansion of Acas’ successful Pre-Claim Conciliation (PCC) service. Over three quarters of disputes that are appropriately referred for PCC do not go on to become tribunal claims but the scope of the service is currently limited by the fact that the Acas Helpline is the main source of referrals. Although this provides substantial coverage, the proposals the consultation puts forward would enable Acas to reach all potential claimants.

The submission also shows that Acas disagrees with the proposals that unfair dismissal cases should normally be heard by an employment judge sitting alone, and that the Employment Appeal Tribunal should be constituted to hear appeals with a judge sitting alone. Acas says lay members can add value to decision making in cases that entail an appreciation of the practical realities of day-to-day workplace employment relations – particularly claims of discrimination and unfair dismissal where a test of reasonableness applies. Acas also believe there is a risk that if organisations make routine use of compromise agreements in nearly all terminations some managers could grow over-reliant on them as a ‘safety net’, and might be less inclined to embark on the difficult conversations necessary to address issues such as behaviour, performance or attendance at an early stage.