Early conciliation: proposals for implementation

As set out in the Enterprise and Regulatory Reform Act 2013, early conciliation will mean that other than in specific circumstances, prospective claimants will first need to contact Acas before they can present a claim at employment tribunal. Acas will then seek to help parties resolve the issue without the need for tribunal involvement.

Implementing early conciliation requires secondary legislation and developing necessary administrative processes. In January 2013 government sought views on how early conciliation should operate. We presented a draft set of regulations with more detail on the operational aspects of early conciliation for public consultation.

The government’s response to the consultation sets out:

• the content of the early conciliation form and certificate
• exemptions from the process
• some further detail of how Acas will work with parties to seek settlement

Government will continue to work with Acas, Her Majesty’s Courts, Tribunals Service and stakeholders to get the detail of early conciliation right, ready for implementing in early 2014.