Falconers Law

You must notify ACAS of your plans to make a claim before any proceedings can start. There are a limited number of exemptions*. If you are in doubt about the steps the Acas Helpline number is 0300 123 1100. You may also contact Falconers if you need help.

In order for a prospective claimant to bring a claim in the employment tribunal, they must start the early conciliation period and obtain an early conciliation certificate. They must start the process but they do not have to reach agreement at this stage.

This is an opportunity to avoid the cost and stress of a Tribunal and help you to explore options to resolve the matter. Acas conciliators cannot take sides, represent either party or help prepare either a case for tribunal or a defence to a claim nor can they advise either side whether to accept or make any proposals for resolution. Acas will not tell you what your claim may be worth. Our experienced employment tribunal claims advisors at Falconers Law will be able to give you all the advice you may require and support you at this time.

Making a notification is a serious step. BY making a NOTIFICATION you are making clear that if Early Conciliation can’t help you are intending to make a tribunal claim. If you are not sure that this is the right step you can explore your options by contacting Falconers.

Acas prefer you to submit the notification online. Falconers can help with this. If you appoint Falconers as a representative Acas will deal directly with them, not with you.

If you cannot access the internet, contact Acas’ Early Conciliation support on 0300 123 11 22.

If you are unable to submit a form electronically, a hard copy version of the form is available from ACAS and that form should be posted to EC Notification, ACAS (Phoenix), PO Box 10279, Nottingham, NG2 9PE.

To make a notification you will need to make sure that you provide:

• the correct name and address for yourself
• the correct name and address for the employer, individual or organisation you are complaining about (i.e. the respondent). You should be able to identify this by looking at the letter that offered you your job, your contract of employment or your payslip.

Getting this wrong may mean that a claim is rejected or you have to make another notification.

You must complete a separate form for each one even if it is all part of the same complaint.

Forms that contain more than one respondent will be rejected, causing a delay in your notification.

You will also be asked to give:

• the date you started work for your employer
• the correct name and address for yourself
• the job that you did
• the date the event(s) took place that you want to complain about

Acas are given around a calendar month in which to try to reach settlement. This can be shorter if the parties are not prepared to talk terms. If the complaint cannot be resolved you will be issued an early conciliation certificate

Further information is available at

http://www.acas.org.uk/media/pdf/c/h/Early-Conciliation-flowchart.pdf

http://www.acas.org.uk/media/pdf/o/g/Conciliation-Explained-Acas.pdf

*Early Conciliation exemptions

The five exemptions to early conciliation are set out at Regulation 3(1) of SI 254/2014. The exemptions are expressed on the claim form in the following way:

• (a) another person I'm making the claim with has an Acas early conciliation certificate number.
• (b) Acas doesn't have a duty to conciliate on some or all of my claim.
• (c) my employer has already asked Acas to get involved in the dispute.
• (d) I've been unfairly dismissed and I intend to apply for interim relief.
• (d) I've been unfairly dismissed and I intend to apply for interim relief.

You can still choose to make an Early Conciliation notification even where an exemption might apply.

It will be a requirement for a claimant to provide the tribunal with a number or an exemption category before the claim can be considered presented. After presentation, the tribunal will carry out a verification of any certificate number provide, and an Employment Judge can consider potential jurisdictional issues beyond that point.