The Government has published its response to the consultation on proposals for implementation of the mandatory Early Conciliation (EC) Scheme which is due to come into force on 6 April 2014.

This scheme will impose a duty on the parties to attempt to resolve their dispute through Acas before a Tribunal claim is issued. The Government's response has clarified various issues which had been raised in the consultation:

  • claimants will not be required to include information about their dispute with their employer on the EC form;
  • claimants will be able to pursue claims in the Tribunal which have not previously been discussed with Acas;
  • the decision when to terminate the EC process because it has not been possible to contact a party will be left to the discretion of the EC Support Officer;
  • Acas will not contact a prospective respondent without the express consent of the claimant;
  • a request for EC can also be made by an employer or its representative in relation to current or former employees. These requests would not 'stop the clock' on a Tribunal claim; and
  • the EC form is to be kept very simple. A draft form is included in the consultation response.

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