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Conciliation Update: April 2015 - December 2015

Published 11 February 2016

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

EC notificationsQ1Q2Q3Total
Employee Notifications

Fast

10,492

8,809

9,870

29,171

Standard

6,412

6,095

6,147

18,654

Open

5,274

5,254

5,215

15,743

No Track

368

1,147

1,234

2,749

All

22,546

21,305

22,466

66,317

 
Employer Notifications

Fast

660

429

205

1,294

Standard

369

388

490

1,247

Open

115

173

182

470

No Track

3

7

28

38

All

1,147

997

905

3,049

Total 

23,693

22,302

23,371

69,366

Since April 2015 Acas has received around 1,800 notifications per week. 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 1,800 group notifications, covering more than 15,000 individuals, are included in the total of 69,366 notifications shown in Table 1. This means that the number of individuals covered by notifications was approximately 83,000 in the first three quarters 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 2015 as the deadline for submission of older claims to Employment Tribunal 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 - December 2015

All Conciliation Case Outcomes Current Status, April - December 2015Q1Q2Q3Year to date
No.%No.%No.%No.%
COT3 Settlement

3,512

15

3,733

16

4,041

18

11,286

16

Dispute has not Progressed to Tribunal Claim

14,948

65

14,892

64

15,498

68

45,338

66

Dispute Progressed to Tribunal Claim

4,389

19

4,509

19

3,415

15

12,313

18

Total

22,849

 

23,134

 

22,954

 

68,9372 

For the 12,313 (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 4,461 of these cases (36%) 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 - December 2015

Post-ET1 Conciliation Case Outcomes Current Status, April - December 2015Q1Q2Q3Year to date
No.%
COT3 Settlement

1,803

1,368

383

3,554

29%

Withdrawn following Acas intervention

477

353

77

907

7%

Determined by Employment Tribunal

830

486

109

1,425

12%

Dispute in progress

1,279

2,302

2,846

6,427

52%

Total ET1 cases

4,389

4,509

3,415

12,313

 

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 83,000 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.