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Conciliation Update: April 2016 - September 2016

Published 30 November 2016

Table 1: Early Conciliation (EC) Notifications by Track: Apr 2016 - Sep 2016

EC Notifications1

Apr

May

June

July

Aug

Sep

Total

Employee Notifications

Fast

3,288

2,941

3,389

2,878

3,346

3,340

19,182

Standard

1,924

1,878

1,953

1,947

1,848

1,888

11,438

Open

1,849

1,728

1,851

1,938

1,890

1,958

11,214

No Track

280

350

412

434

381

518

2,375

All

7,341

6,897

7,605

7,197

7,465

7,704

44,209

 

 

Employer Notifications

Fast

49

148

37

62

71

113

480

Standard

176

273

187

247

154

139

1,176

Open

77

30

44

50

44

45

290

No Track

 

2

3

3

1

2

11

All

302

453

272

362

270

299

1,958

Total

 

7,643

7,350

7,876

7,559

7,735

8,003

46,166

Since the start of April 2016 Acas has received around 1,800 notifications per week. This is in line with volumes of notifications received throughout 2015-16.

Some of these EC notifications were made on behalf of groups of employees. Over 1,220 group notifications, covering more than 11,600 individuals, are included in the total of 46,166 notifications shown in Table 1. This means that the number of individuals covered by notifications was of the order of 57,000 in the first half of 2016-17.2

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: Cases Cleared April 2016 - September 2016

All Conciliation Case Outcomes
Current Status: Apr 2016 - Sep 20163

Q1

Q2

Half Year

 

No.

%

No.

%

No.

%

COT3 Settlement

4,098

18

4,180

18

8,278

18

Dispute has not Progressed to Tribunal Claim

13,989

63

15,306

66

29,295

64

Dispute Progressed to Tribunal Claim

4,282

19

3,677

16

7,959

17

Total

22,369

23,163

45,532

For the 7,959 (17%) 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 2,458 of these cases (31%) 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: Cases Cleared April 2016 - September 2016 

Post-ET1 Conciliation Case Outcomes
Current Status: Apr 2016 - Sep 2016

Q1

Q2

Year to Date

 

No.

No.

No.

%

COT3 Settlement

1,446

563

2,009

25

Withdrawn following Acas intervention

320

129

449

6

Determined by Employment Tribunal

484

165

649

8

Dispute in progress

2,032

2,820

4,852

61

Total ET1 cases

4,282

3,677

7,959

 

The above table represents the outcomes to date of the EC cases in which potential claims cleared in the first quarter of 2016-17 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. There are some differences between the figures reported here for Quarter 1 and those reported in our last update. All the figures reported in these updates are subject to small changes reflecting the process of finalising management information during the operational year.
  2. 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).
  3. 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.