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Conciliation Update: April 2017 - June 2017

Published 25 September 2017

Table 1: Early Conciliation (EC) Notifications by Track, April 2017 - June 2017

EC Notifications

April

May

June

Total

Employee Notifications

Fast

2,513

2,972

2,922

8,407

Standard

1,525

1,772

1,867

5,164

Open

1,713

1,848

1,896

5,457

No Track

588

360

643

1,591

All

6,339

6,952

7,328

20,619

 

Employer Notifications

Fast

37

103

38

178

Standard

197

170

354

721

Open

39

36

36

111

No Track

1

7

10

18

All

274

316

438

1,028

Total

 

6,613

7,268

7,766

21,647

Since the start of April 2017 Acas has received around 1,800 notifications per week. This is in line with volumes of notifications received throughout 2016-17.

Some of these EC notifications were made on behalf of groups of employees. Over 560 group notifications, covering more than 4,300 individuals, are included in the total of 21,626 notifications shown in Table 1. This means that the number of individuals covered by notifications was of the order of 25,900 in the first quarter of 2017-18.1

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: Early Conciliation Status, Cases Cleared April 2017 - June 2017

All Conciliation Case Outcomes Current Status, April 2017 - June 20172

April

May

June

Year to Date

No.

%

No.

%

No.

%

No.

%

COT3 Settlement

1,281

19

1,371

19

1,362

19

4,014

19

Dispute has not Progressed to Tribunal Claim

4,117

62

4,470

62

4,947

68

13,534

64

Dispute Progressed to Tribunal Claim

1,196

18

1,349

19

985

14

3,530

17

Total

6,594

7,190

7,294

21,078

For the 2,530 (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. The table below shows the number of ET1 cases received in this period.

Table 3: Employment Tribunal (ET1) Cases by Track, April 2017 - June 2017

ET1 Cases Received

April

May

June

Total

ET1s Received following on from EC notification

Fast

235

351

257

843

Standard

430

685

559

1,674

Open

525

714

701

1,940

All

1,190

1,750

1,517

4,457

 

ET1s Received without prior EC notification

Fast

21

15

32

68

Standard

4

6

3

13

Open

12

9

15

36

All

37

30

50

117

Total

 

1,227

1,780

1,567

4,574

These are split into two groups, 'ET1 Received following on from EC notification' relate to cases that hadn't been resolved at the Early Conciliation stage and progressed to tribunal. The second part of the table refers to cases that did not go through the Early Conciliation process.

Table 4: Post-ET1 Conciliation Case Status, Cases Cleared April 2017 - June 2017

Post-ET1 Conciliation Case Outcomes Current Status, April 2017 - June 2017

April

May

June

Year to Date

No.

No.

No.

No.

%

COT3 Settlement

193

161

45

399

11

Withdrawn following Acas intervention

30

22

16

68

2

Determined by Employment Tribunal

65

28

7

100

3

Dispute in progress

908

1,138

917

2,963

84

Total ET1 cases

1,196

1,349

985

3,530

The above table represents the outcomes to date of the EC cases in which potential claims cleared in the first quarter of 2017-18 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 and Table 3 set out the total number of cases that were received per quarter, Tables 2 and 4 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.