Employment Law & Practice (LPC) - FULL & Comprehensive DISTINCTION level Notes - full notes bundle produced and used in 2020 in the online delivered classes. These large group and workshop notes have also been used by ULaw and BPP students. The notes include all the content for each class and in hi...
Topic(s):
Employment tribunal procedure
Time limits and ACAS early conciliation
Settlement
Learning Outcomes:
By the end of this session, you will be able to:
Understand and apply the time limits and ACAS early conciliation procedure
Appreciate and apply the procedural steps when bringing and defending claims in the
employment tribunal
Advise on how to settle a statutory employment claim
Identify the essential elements of a valid settlement agreement
Session Activities:
Tutor-led overview on tribunal procedure, time limits and settlement with questions
throughout
Materials Attached:
Session outline
Preparation for Session:
Reading: Article on Practical Law entitled ‘Employment tribunal practice and procedure:
overview’
Read s.203(3) Employment Rights Act 1996 (‘ERA 1996’) and s.147(3) Equality Act 2010
(‘EA10’)
Read the attached session outline
Post-Session:
Review what you have learned in the session
EMPLOYMENT TRIBUNAL PROCEDURE, TIME LIMITS AND
SETTLEMENT
1. Introduction
The employment tribunals are an independent judicial body established to resolve disputes
between employers and employees over employment rights. The tribunal will hear statutory
claims about employment matters such as unfair dismissal, discrimination, wages and
redundancy payments. The tribunal also has limited jurisdiction to hear certain breach of
contract claims which are outstanding on the termination of an employee’s employment→ up
to £25,000
The employment tribunals rules of procedure are governed by the Employment Tribunals
(Constitution and Rules of Procedure) Regulations 2013 No.1237 as amended.
-E.g. disclosure
-less formal than civil courts and CPRs
2. The ET1 and time limits
To start a claim, a claimant must present their claim form (the ET1) to the tribunal within the
relevant time limit. For most claims, the time limit is within three months of the relevant
‘trigger event’ for example the EDT in an unfair dismissal claim or the discriminatory act in a
discrimination claim. However, there are some important exceptions, including a time limit of
six months from the EDT for a statutory redundancy payment claim or an equal pay claim.
It is important to note, however, that the early conciliation procedure, which came into force
on 6 May 2014, affects the time limit to submit the ET1 in the majority of employment tribunal
proceedings.
2.1 Calculating the time limit
In order to calculate the usual time limit for a claim:
Identify the date of the relevant ‘trigger event’ (e.g. the EDT).
Go forward three months (for most claims; six months for certain claims) to the
corresponding date in that month.
Where there is no corresponding date in that month, the last day of the month is taken.
Go back one day (unless there was no corresponding date in that month).
Add on the period of early conciliation (as explained below).
Exercise 1
Georgia was dismissed without notice on 31 March 2020. When is the usual time limit for
her to present her ET1?
Her EDT is 31 March 2020, go forward three months
There is no 31 June, therefore use 30 June 2020
Add on the period of early conciliation
2.2 The early conciliation (‘EC’) procedure
The EC procedure must be followed by claimants who present claims in the majority of
employment tribunal proceedings, via Advisory, Conciliation and Arbitration Service (‘ACAS’).
ACAS is an independent, impartial organisation mandated to liaise with both parties to an
employment dispute with regard to possible settlement.
There are four steps to the EC procedure as follows:
1) Prospective claimant to submit EC form to ACAS
Either submitting an EC form online or by post, or by telephoning ACAS who will
complete the EC form for them
2) ACAS to contact prospective claimant
Explains the EC process, take some information about the complaint and check whether
they wish to participate in EC
3) ACAS to contact prospective respondent
Find out if they are willing to participate in EC
4) The EC period – if parties willing to conciliate
One calendar month from date claimant contacted ACAS to promote a settlement,
subject to 14 day extension
-ACAS very useful to help get a settlement and avoid going to the ET
-See ACAS website to see the EC Form→ very simple form
-Conciliate means to reach a settlement
-Statistics show not very successful as claimant does not give much details about claim
-ACAS may get involved after a claim is submitted too
If the parties do not succeed in reaching a settlement, ACAS will issue an EC certificate (with
a number on it which is important)
The effect of contacting ACAS for EC on the time limit for submitting the ET1 is that the
clocks are ‘stopped’ for the period of conciliation (so pauses the time limit)
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