Early Conciliation meaning

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...

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...

In this issue: Pay Pensions Maternity, parents and carers Data protection and employee information Individual rights arising from union membership Employment Tribunals Europe—EU New and updated content Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Pay Social Security Benefits Up-rating Order 2025 SI 2025/Draft Under the draft Order, the following changes are set out: Statutory Sick Pay increases from £116.75 to £118.75 per week, effective 6 April 2025. Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay rise from £184.03 to £187.18 per week from 6 April 2025. Maternity Allowance moves from £184.03 to £187.18 per week with effect from 7 April 2025. See: LNB News 17/01/2025 4. Pensions DWP concludes annual statutory review of AE thresholds for 2025 to 2026 financial year...

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...

UK GDPR regime This material focuses on the UK GDPR framework, with legislative references pointing to Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), unless expressly indicated otherwise. It also takes into account the Data (Use and Access) Act 2025 (DUAA 2025). Note that pages within the Information Commissioner’s Office (ICO) UK GDPR guidance and resources are being revised to reflect DUAA 2025. When preparing for and managing employment tribunal proceedings, employers will need to process—ie gather, organise, use and disclose—information about claimants (whether prospective, current or former employees or workers) and other individuals, which will amount to personal data. The employer may additionally wish to process: special category data (previously known as sensitive personal data); and personal data regarding criminal convictions and offences, or related security measures (criminal offence data) For further information on what is meant by: personal data, see: Personal data—lawful processing conditions below...

Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 amended by Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 SI 2014/254 amended by SI 2025/1153 SCHEDULE THE EARLY CONCILIATION RULES OF PROCEDURE Starting early conciliation 1 Satisfying the requirement for early conciliation To meet the requirement for early conciliation, a prospective claimant must— lodge a completed early conciliation form with ACAS in accordance with rule 2; or telephone ACAS in accordance with rule 3. 2 (1) Where an early conciliation form is presented to ACAS, it must be— submitted via the online form on the ACAS website; or sent by post to the ACAS address stated on the early conciliation form. (2) An early conciliation form must include— the prospective claimant’s name and address; and the prospective respondent’s name and address. (3) ACAS may refuse a form...

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,...

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. ]...

Before the Employment Tribunal at [ [Insert region] ] 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 Jurisdictional issues Was the claim issued within the six-month qualifying time period, taking account of the ‘stop the clock’ provisions associated with early conciliation? (Equality Act 2010 (EqA 2010), ss 129, 140B) The Claimant contends this is [ a standard OR a stable work OR a concealment OR an incapacity OR a concealment and an incapacity ] case. Is the Claimant an employee or a holder of a personal or public office, or were they formerly in such a position or role? (EqA 2010, s 64(1), 83(2)) Equal pay comparator Whom does the Claimant cite as the comparator of the opposite sex undertaking equal work? (EqA 2010, s 79(2)) The Claimant relies on [...