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Conciliation Update: April 2018 - June 2018

Published 18 October 2018

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pdf icon Individual Conciliation Update - 2018-19 Q1 [315kb]
 

Table 1: Early Conciliation (EC) Notifications by Track, April 2018 - June 2018

 

EC Notifications

April

May

June

Total

Employee Notifications1

Fast

3,719

6,994

4,843

15,556

Standard

2,111

2,191

2,084

6,386

Open

2,147

2,433

3,495

8,075

No Track

641

734

930

2,305

All

8,618

12,352

11,352

32,322

 

Employer Notifications

Fast

41

46

46

133

Standard

196

198

137

531

Open

52

60

50

162

No Track

4

10

9

23

All

293

314

242

849

Total

 

8,911

12,666

11,594

33,171

Some EC notifications are made on behalf of groups of employees. Over 1,180 group notifications, covering more than 14,000 individuals, are included in the total of 33,171 notifications shown in Table 1. This means that the number of individuals covered by notifications was of the order of 46,000 between April 2018 and June 2018. 

It should be noted that from April to June just shy of 5,100 connected cases which appear in these tables were submitted in relation to a particular dispute concerning Equal Pay and other related jurisdictions. 

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 2018 - June 2018

 

All Conciliation Case Outcomes Current Status, Apr 2018 - Jun 20182AprMayJunYear to Date
No.%No.%No.%No.%
COT3 Settlement1,243141,281111,231113,75512
Dispute has not Progressed to Tribunal Claim4,805557,453667,9507220,20865
Dispute Progressed to Tribunal Claim2,743312,496221,847177,08623
Total8,79111,23011,02831,049

 

7,086 (23%) of Early Conciliation cases closed in April to June 2018 led to an Employment Tribunal claim. By the end of June, 13% of these cases were settled by Acas conciliators or withdrawn with a further 85% still in progress as shown in Table 4 which provides a further breakdown of the progress of these cases. Table 3, below, shows the number of ET1 cases received and input by Acas in this period.
 

Table 3: Employment Tribunal (ET1) Cases by Track, April 2018 - June 2018

 

ET1 Cases Received

April

May

June

Total

ET1s Received following on from EC notification

Fast

1,280

1,012

980

3,272

Standard

1,756

1,595

1,669

5,020

Open

1,544

1,383

1,321

4,248

All

4,580

3,990

3,970

12,540

 

ET1s Received without prior EC notification

Fast

154

51

69

274

Standard

29

37

26

92

Open

15

36

24

75

All

198

124

119

441

Total

 

4,778

4,114

4,089

12,981

These are split into two groups, 'ET1 Received following on from EC notification' relate to cases that had not been resolved at the Early Conciliation stage and progressed to tribunal. The second part of the table refers to cases without a clear link to an Early Conciliation notification such as cases in which one of the exemptions applies as set out in Regulation 3(1) of SI 254/2014.
 

Table 4: Current Status of EC Cases Closed in Apr 2018 - Jun 2018 for which an ET1 has been submitted

 

Current Conciliation Case Status where ET1 submitted, Apr 2018 - Jun 2018

Apr

May

Jun

Year to Date

 

No.

%

No.

%

No.

%

No.

%

Dispute in progress

2,133

78

2,177

87

1,703

92

6,013

85

COT3 Settlements so far achieved

379

14

210

8

119

6

708

10

Withdrawals following Acas intervention

120

4

74

3

12

1

206

3

Determined already by Employment Tribunal

111

4

35

1

13

1

159

2

Total ET1 cases

2,743

2,496

1,847

7,086

The above table represents the ET1-stage outcomes to date of those EC cases which completed the EC stage in 2018-19 and where claimants subsequently initiated 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.