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Conciliation Update: April 2016 - March 2017

Published 14 June 2017

Table 1: Early Conciliation (EC) Notifications by Track: Apr 2016 - Mar 2017

EC Notifications

Q1

Q2

Q3

Q4

Total

Employee Notifications

Fast

9,622

9,539

9,441

9,308

37,910

Standard

5,762

5,660

5,289

5,462

22,173

Open

5,430

5,751

5,192

5,524

21,897

No Track

1,033

1,328

1,645

1,740

5,746

All

21,847

22,278

21,567

22,034

87,726

  

Employer Notifications

Fast

233

247

766

144

1,390

Standard

637

542

750

591

2,520

Open

152

139

140

147

578

No Track

4

2

4

27

37

All

1,026

930

1,660

909

4,525

Total

 

22,873

23,208

23,227

22,943

92,251

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 2,040 group notifications, covering more than 18,100 individuals, are included in the total of 92,251 notifications shown in Table 1. This means that the number of individuals covered by notifications was of the order of 108,000 in 2016-17.1

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 - March 2017

All Conciliation Case Outcomes Current Status: April 2016 - Mar 20172

Q1

Q2

Q3

Q4

Total

 

No.

%

No.

%

No

%

No

%

No.

%

COT3 Settlement

4,086

18

4,146

18

4,310

19

4,097

17

16,639

18

Dispute has not Progressed to Tribunal Claim

13,956

62

14,425

63

14,272

63

15,645

67

58,298

64

Dispute Progressed to Tribunal Claim

4,309

19

4,467

19

4,252

19

3,780

16

16,808

18

Total

22,351

23,038

22,834

23,522

91,745

For the 16,808 (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 6,969 of these cases (42%) 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 Apr 2016 - Mar 2017

Post-ET1 Conciliation Case Outcomes Current Status: April 2016 - Mar 2017

Q1

Q2

Q3

Q4

Total

 

No.

No.

No.

No.

No.

%

COT3 Settlement

2,059

1,867

1,255

483

5,664

34

Withdrawn following Acas intervention

511

451

259

84

1,305

8

Determined by Employment Tribunal

937

724

485

91

2,237

13

Dispute in progress

802

1,425

2,253

3,122

7,602

45

Total ET1 cases

4,309

4,467

4,252

3,780

16,808

The above table represents the outcomes to date of the EC cases in which potential claims cleared in 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. 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.