ACAS has recently published its annual report and some of the statistics make interesting reading. The key statistics are:
- ACAS dealt with over 92,000 early conciliation notifications in the year 2015/16, up from 83,423 the previous year;
- Nearly 88,000 of the notifications came from employees with only just over 4,000 coming from employers;
- 33% of the notifications related to unfair dismissal claims, with wages act claims accounting for 29% and working time (which would include holiday pay claims) amounting to 14% of the total number. The highest number of discrimination related claims was for disability discrimination at 10% of the total notifications.
- ET1 cases received for conciliation from the Tribunal followed a similar pattern with 55% being unfair dismissal claims, 35% wages act and 29% working time;
- When an employee has made an early conciliation notification to ACAS only 10.1% of employers have declined conciliation. That compares to 17.1% of employees declining conciliation;
- Of the early conciliation notifications received, ACAS settled 16% of them via a COT3, 66% did not progress to tribunal (for unspecified reasons) and 19% progressed to tribunal.
- 50% of the cases that did progress to tribunal were subsequently settled, 20% withdrawn and only 22% went the whole way to a full tribunal hearing.
ACAS has also updated its guidance on the calculation of holiday pay. While we are still in the midst of an ever moving picture with calculation of holiday pay (the judgement in the appeal in Lock v British Gas is expected imminently) ACAS have pulled together a useful summary of recent decisions and key points to consider when trying to calculate holiday pay.