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The early conciliation (EC) requirement Also referred to as mandatory Acas early conciliation, this duty requires a prospective claimant to supply certain information to Acas before submitting a claim in the employment tribunal, as part of the EC requirement procedure...
The early conciliation (EC) requirement The early conciliation (EC) requirement—sometimes referred to as mandatory Acas early conciliation—obliges a would‑be claimant to give Acas specified details, including certain information, before issuing an employment tribunal claim, as provided by section 18A(1) of the Employment Tribunals Act 1996 (ETA 1996). For more detail, see Practice Note: The early conciliation requirement. This Checklist explains which claims constitute ‘relevant proceedings’, and identifies those that are caught by the early conciliation requirement either because of: ETA 1996, s 18(1A), or a specific provision in the applicable legislation For guidance on relevant proceedings, see Practice Note: The early conciliation requirement—Relevant proceedings. Where a prospective claimant satisfies the early conciliation requirement, there is, in almost all cases, a statutory extension to the usual deadline within which a claim must be presented to an employment tribunal. This Checklist also indicates where the operative extension provisions on time limits are located, and highlights categories of proceedings to which those extension provisions...
Both parties Did the Claimant hold employee status? Refer to Practice Notes: Entitlement to claim unfair dismissal-Eligibility and Employee status Did the Claimant meet the necessary length of service, or is an exemption engaged? See Practice Note: Qualifying period for unfair dismissal Has the Claimant satisfied the early conciliation obligation, or does an exemption apply? See Practice Note: The early conciliation requirement Was the claim lodged within three months, or within any extended period where early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement-Extension to time limits (the 'stop the clock' provisions) Is the employment contract potentially void for illegality? See Practice Note: Entitlement to claim unfair dismissal-Illegality Is the Claimant within a class of employees excluded from unfair dismissal protection, for example police constables? See Practice Note: Entitlement to claim unfair dismissal-Particular types of employment Was the Claimant’s employment based in Great Britain? See Practice Note: Entitlement to claim unfair dismissal-Whether employee works in...
In this issue Working time and flexible working Pay Tax Prohibited conduct (discrimination etc) Employment tribunal equality claims Diversity and gender pay gap Industrial action Unfair dismissal Employment tribunals Immigration Northern Ireland ESG and sustainability: employment issues Daily and weekly news alerts Dates for your diary Trackers New Q&As Working time and flexible working Code of Practice (Requests for Flexible Working) Order 2024 (SI 2024/429): The Order designates 6 April 2024 as the date on which the updated Code of Practice on handling requests for flexible working, issued by the Advisory, Conciliation and Arbitration Service (Acas) under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), takes effect. It also clarifies that the revised Code does not cover applications for flexible working made under section 80F of the Employment Rights Act 1996 (ERA 1996) that are lodged on or before 5 April 2024;...
Union of India v Vedanta Limited and another , ARB. A. (COMM.) 31/2024, I.A. 30388/2024, I.A. 30389/2024 and I.A. 31248/2024, 2025 SCC OnLine Del 4808 What are the practical implications of this case? The DHC’s ruling signals robust judicial respect for arbitration in two distinct respects. In clear terms, it affirms only a narrow ambit for court intervention under section 37(2)(b) read with section 5 of the A&C Act. Further, the Court rejected an appeal assailing the tribunal’s order that had declined an application under section 17 of the A&C Act—an application that, in substance, would have nullified the effect of an interim award—thereby (i) preserving the inviolability of the arbitral award; and (ii) reinforcing that an award of an arbitral tribunal holds force unless stayed or set aside under section 34 of the A&C Act. The judgment also offers practical direction to commercial counterparties facing disputes under a subsisting contract: they may seek a declaratory award from the tribunal on any questions concerning the interpretation of their contract....
In this issue: Immigration Prohibited conduct (discrimination etc) Diversity and gender pay gap Data protection and employee information Corporate Governance Financial services and banking: employment issues Employment Tribunals Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Immigration Home Office announces increase in enforcement activity targeting illegal working The Home Office reports intensified action against unlawful working, undertaking more than 11,000 operations between October 2024 and September 2025. Through Operation Sterling, this activity produced over 8,000 arrests—a 63% uplift on the prior year—and led to the removal of upwards of 1,050 people from the UK who were found to be working without lawful authorisation. The department also indicates that a mandatory digital ID scheme will be in place before the end of the current Parliament to validate individuals’ right to work. The initiative is designed to curb document fraud, bring consistency to...
Recognition and enforcement of arbitral awards in India Recognition and the enforcement of arbitral awards in India are principally regulated by the Arbitration and Conciliation Act 1996 (ACA 1996), as amended, alongside the Code of Civil Procedure 1908 (CPC). Both domestic and overseas awards are implemented in the same fashion as a decree of an Indian court, including consent awards arising from party settlements. There is, nevertheless, a procedural divergence for enforcement depending upon the arbitration seat. Enforcement and execution of an India-seated arbitral award (a domestic award) fall under ACA 1996, Pt I, whereas awards seated abroad (foreign awards) are enforced pursuant to ACA 1996, Pt II. Part II of ACA 1996 incorporates, and gives effect to, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) and the Convention on the Execution of Foreign Arbitral Awards (the Geneva Convention), each ratified by India. India is not party to any other convention concerning the enforcement of foreign awards. Indian courts treat both...
Certain specified employees have the statutory right to make a request to undertake study or training This entitlement applies to employees working for organisations with 250 or more staff who meet the qualifying service requirement (see: Eligibility and qualifying period, below). Although the scheme was originally intended to be broadened to include smaller employers, the government deferred that step to allow further evaluation of the likely impact on small businesses, and there are currently no plans to proceed with any extension. The approach to counting the number of employees for these purposes is prescribed by the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No 2 and Transitional and Saving Provisions) Order 2010 (Commencement No 2 Order 2010), SI 2010/303. For a pro-forma policy aligned with the statutory arrangements, see Precedent: Policy—time off work for study and training. Official guidance on this right can be found on the GOV.UK website. The legal position on study or training rights and obligations for young employees is distinct from that applicable...
Arbitration under the Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) 2013 Procedural Regulations of Arbitration (the 2013 Regulations) Proceedings governed by the Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC) Procedural Regulations of Arbitration 2013 (the 2013 Regulations) take place before a tribunal (the Panel). Under article 8, the Panel must comprise an odd number of arbitrators and may consist of one or more members. Where the parties have not fixed the size of the tribunal, the default is appointment of a sole arbitrator, unless the ADCCAC Centre (the Centre) decides—having regard to the amount, nature, or circumstances of the dispute—that more than one arbitrator should be named (see: Arbitrating under the ADCCAC Regulations 2013—Roles and definitions). This Practice Note relies on the ‘official’ English text of the 2013 Regulations. There are inconsistencies between the Arabic and English versions concerning the translation of mandatory and permissive terms. The authoritative text is Arabic, and, if any question arises over the 2013 Regulations, the Arabic version will take precedence...
Case No: [ Insert case number ] Between: [ INSERT NAME OF CLAIMANT ] (Claimant) and [ INSERT NAME OF RESPONDENT ] (Respondent) [ CLAIMANT’S OR RESPONDENT’S OR AGREED ] LIST OF ISSUES Jurisdiction—time limits In respect of the detriment claim, was the Claimant’s claim lodged within time, having regard to the ‘stop the clock’ effect of early conciliation? (Employment Rights Act 1996 (ERA 1996), ss 48(3)(a), 207B) If not, was it not reasonably practicable for the Claimant to present the claim in time? (ERA 1996, s 48(3)(b)) If so, was the claim made within such additional period as was reasonable? (ERA 1996, s 48(3)(b)) In respect of the dismissal claim, was the Claimant’s claim lodged in time, taking into account the ‘stop the clock’ provisions relating to early conciliation? (ERA 1996, ss 111(2)(a), 207B) If not, was it not reasonably practicable for the Claimant to submit the claim in time? (ERA 1996, s 111(2)(b)) If so,...
This overview sets out general information and guidance on unfair dismissal claims, the deadlines for issuing a claim, who may qualify to bring one, the statutory tests for fairness where an employer intends to end an employee’s employment, and the remedies available if a claim succeeds. Your employment solicitor can offer tailored advice based on your situation and circumstances if required. What is an unfair dismissal? Under the Employment Rights Act 1996 (ERA 1996), an employee has the right not to be unfairly dismissed by their employer. A dismissal is unfair if it fails to meet the requirements of the ERA 1996...
Acas reference number: [ insert number ] [ Agreement following conciliation on a claim made by a claimant to Acas (no application made to tribunal at time of agreement) under the early conciliation process ] Prospective Claimant Name: Address: Prospective Respondent Name: Address: Settlement achieved through conciliation activity. The Prospective Claimant and the Prospective Respondent agree the following: [ For the purposes of this settlement, ‘Group Company’ refers to [ any holding company of ] the Prospective Respondent and any subsidiary of the Prospective Respondent [ or of any such holding company, each ] as set out in section 1159 of the Companies Act 2006. ]...