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Conciliation through ACAS is now mandatory

Life as an employer just seems to get increasingly complicated.  And just because you may only employ one domestic staff member, it doesn’t mean you are exempt from new legislation and procedures.

A good example is the latest move by the government in its reform of employment law:  that conciliation through ACAS has to be attempted before proceedings can be issued in most employment claims.

This change affects both employers and employees alike and relates to claims made on or after 6 May 2014.

We will provide an outline in this article and point you to where you can find further details.  Our task is primarily to make you aware of the changes, not necessarily all the details.

The details which an employee must follow fall under Section 18a of the Employment Tribunals Act 1996 (ETA).

Section 18b of the ETA allows for requests from an employer for ACAS to conciliate in matters that may give rise to proceedings against them and for the use of ACAS in exempt proceedings.

Claims which are now covered include the following:

  • unfair dismissal
  • breach of contract
  • unlawful deduction from wages
  • discrimination and equal pay
  • protection from detriment
  • claims under Regulations 12 and 16 of TUPE – failure to provide employee liability information and failure to inform and consult employees
  • claims under Sections 10-13 of the Employment Relations Act 2004 concerning the right to be accompanied at disciplinary and grievance hearings.

Further details are available on the ACAS website at www.acas.org.uk/index.aspx?articleid=4028.

If you are affected by any of the above, our advice is to seek and take profession advice.

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