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Conciliation Update: April 2015 - March 2016

Published 23 May 2016

Table 1: Early Conciliation (EC) Notifications by Track, April 2015 - March 2016

EC Notifications

Q1

Q2

Q3

Q4

Total

Employee

Notifications

Fast

10,492

8,809

9,853

9,693

38,847

Standard

6,412

6,092

6,117

5,675

24,296

Open

5,274

5,255

5,184

5,463

21,176

No Track

368

1,147

1,229

829

3,573

All

22,546

21,303

22,383

21,660

87,892

 

Employer Notifications

Fast

642

431

206

616

1,895

Standard

369

388

493

439

1,689

Open

116

173

182

180

651

No Track

2

5

25

13

45

All

1,129

997

906

1,248

4,280

Total

 

23,675

22,300

23,289

22,908

92,172

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. Nearly 2,400 group notifications, covering more than 19,000 individuals, are included in the total of 92,172 notifications shown in Table 1. This means that the number of individuals covered by notifications was of the order of 100,000 in the full operational year 2015-16.1

Of the total number of notifications over 2,200 notifications, covering more than 6,000 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 -March 2016

All Conciliation Case Outcomes Current Status, April 2015 - March 20162

Q1

Q2

Q3

Q4

Year to Date

No.

No.

%

No.

%

No.

%

No.

%

No

%

COT3 Settlement

3,514

15

3,730

16

4,024

18

4,152

18

15,420

17

Dispute has not Progressed to Tribunal Claim

14,945

65

14,851

64

14,672

64

14,827

65

59,295

65

Dispute Progressed to Tribunal Claim

4,390

19

4,527

20

4,181

18

3,772

17

16,870

18

Total

22,849

23,108

22,877

22,751

91,585

For the 16,870 (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 7,131 of these cases (47%) 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 - March 2016

Post-ET1 Conciliation Case Outcomes Current Status, April 2015 - March 2016

Q1

Q2

Q3

Q4

Year to Date

 No.No.No.No.No.%

COT3 Settlement

2,009

1,912

1,261

469

5,651

33%

Withdrawn following Acas intervention

565

538

284

93

1,480

9%

Determined by Employment Tribunal

1,017

823

505

142

2,487

15%

Dispute in progress

799

1,254

2,131

3,068

7,252

43%

Total ET1 cases

4,390

4,527

4,181

3,772

16,870

 

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. It is not possible to be absolutely precise about the number of individuals because some people submit more than one notification, usually either because they need to name more than one respondent or in an attempt to be precise about the respondent's name (legal identity)
  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.  .