ACAS has been involved in the conciliation of tribunal claims for many years. That involvement was cranked up a notch by the introduction of mandatory early conciliation in May 2014. ACAS have previously evaluated the impact of mandatory early conciliation but this new research paper evaluates conciliation post the lodging of a tribunal application.
The paper includes a host of statistics about the use of conciliation, and draws together the findings of the early conciliation process with the post ET1 involvement of ACAS. From the point of view of the service provided by ACAS users seem largely satisfied with the organisations involvement, with 92% of employers saying they would use conciliation again if they found themselves involved in another tribunal claim.
The most common outcome of conciliation was an ACAS agreed COT3 settlement, with just over half of both claimants and employers (52%) confirming this outcome. Where settlements were reached, unsurprisingly, the most frequently reported element of the settlement terms was money (reported by 86% of claimants and 80% of respondents) followed by a reference. The size of payments varied considerably but the median reported by claimants was £5,422 with respondents reporting a slightly lower figure of £4,999. From an employers point of view it is of note that on average settlements at post ET1 conciliation were on average higher than those negotiated at the early conciliation stage.