The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 have been published setting out the details of the Acas early conciliation scheme. Regulation 4, which comes into force on 6 March 2014, allows the Secretary of State to prescribe a form which prospective claimants must use to contact ACAS in relation to the requirement for early conciliation and a certificate for ACAS to issue following early conciliation. All the other enabling regulations come into force on 6 April 2014, which include how a prospective claimant should provide information to ACAS, details of the process for early conciliation and what will happen if early conciliation is unsuccessful in whole or in part.
It is important to note, however, that under the Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014 there are two elements to the transitional provisions on early conciliation in Article 4. The early conciliation requirement will apply only in relation claims presented to an Employment Tribunal on or after 6th May 2014. However, if in the period beginning on 6th April 2014 and ending on 5th May 2014, individuals contact Acas for conciliation and present a claim, they will need a certificate from ACAS when they present the claim and will benefit from the changes to the extension to limitation periods for presenting a claim made by Schedule 2 to the Enterprise and Regulatory Reform Act 2013.
Subscribers will receive a Legal Development Update in March 2014 providing a summary of the new scheme.
Content Note
The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
