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Conciliation Update: April 2015 - September 2015

Published 25 November 2015

Table 1: Early Conciliation (EC) Notifications by Track, April 2015 - September 2015

EC Notifications

Apr

May

Jun

Jul

Aug

Sep

Total

Employee

Notifications

Fast

3,256

3,051

4,186

3,226

2,730

2,868

19,317

Standard

2,117

2,012

2,284

2,135

1,919

2,077

12,544

Open

1,666

1,661

1,947

1,923

1,669

1,677

10,543

No Track

5

44

319

386

331

430

1,515

All

7,044

6,768

8,736

7,670

6,649

7,052

43,919

 

Employer Notifications

Fast

173

334

153

136

71

234

1,101

Standard

103

128

138

135

122

117

743

Open

36

33

46

42

67

61

285

No Track

1

2

2

3

4

6

18

All

313

497

339

316

264

418

2,147

Total

 

7,357

7,265

9,075

7,986

6,913

7,470

46,066

In the first half-year of 2015-16 Acas received around 1,800 notifications per week, and this is around 100 notifications per week more than the average received in 2014-15.

Some of these EC notifications were made on behalf of groups of employees. Over 1,200 group notifications, covering more than 9,400 individuals, are included in the total of 46,066 notifications shown in Table 1. This means that the number of individuals covered by notifications was approximately 54,000 in the first half of 2015-16.1

Of the total number of notifications, 1,400 notifications, covering over 4,000 individuals, were submitted following legal decisions affecting the calculation of holiday pay, with a peak towards the end of June as the deadline for submission of older claims approached.

Note: Acas records indicative jurisdictions against cases received. Many cases involve multiple jurisdictions so 'track' is used to categorise cases by jurisdiction. Open Track cases contain at least one discrimination or disclosure type jurisdiction. Standard Track must contain Unfair Dismissal or a related jurisdiction. The remaining Fast Track cases mostly relate to monetary issues such as unpaid wages. In some cases Acas has not yet identified any relevant jurisdictions which is why a small minority are recorded as 'no track' cases. Cases are confined exclusively to one of the three tracks, because track is determined by the highest jurisdiction in the case.

Table 2: Conciliation Case Status, April 2015 - September 2015

All Conciliation Case Outcomes Current Status, April - September 2015

Q1

Q2

Half Year

No.

%

No.

%

No.

%

COT3 Settlement

3,512

15%

3,744

16%

7,256

16%

Dispute has not Progressed to Tribunal Claim

14,989

66%

15,575

67%

30,564

66%

Dispute Progressed to Tribunal Claim

4,364

19%

3,889

17%

8,253

18%

Total

22,865

 

23,208

 

46,0732

 

For the 8,253 (18%) EC cases that link to subsequent tribunal cases, Acas continues to make its conciliation available, right up to the day of hearing if necessary, and so far 2,163 of these cases (26%) have been settled or withdrawn following Acas conciliation, as shown in Table 3. This figure will continue to rise until all of these cases reach their hearing date.

Table 3: Post-ET1 Conciliation Case Status, April 2015 - September 2015

Post-ET1 Conciliation Case Outcomes Current Status, April - September 2015

Q1

Q2

Half Year

No.

%

COT3 Settlement

1,300

424

1,724

21%

Withdrawn following Acas intervention

327

112

439

5%

Determined by Employment Tribunal

506

125

631

8%

Dispute in progress

2,231

3,228

5,459

66%

Total ET1 cases

4,364

3,889

8,253

 

The above table represents the outcomes to date of the EC cases in which the dispute led to Tribunal Proceedings. The number of corresponding ET1 cases may differ from these figures because some individual EC notifications link to multiple tribunal cases and sometimes several EC notifications will be represented within one tribunal case.

Notes:

  1. The number of 54,000 individuals is not a precise number of individuals due to some potential claimants submitting more than one notification - usually as a result of the need to claim against several respondents or ensure they receive certificates in which different versions of the respondent's name are represented.
  2. Whereas Table 1 sets out the total number of cases that were received per quarter, Tables 2 and 3 give the number of cases which reached an EC-stage outcome in that period - drawing in many cases which were received in previous quarters and excluding cases which have not yet reached an EC-stage outcome. So, although there will be considerable overlap in terms of the cases involved, the total number of cases differs.