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Conciliation Update: April 2017 - September 2017

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

 

EC Notifications

Apr

May

Jun

Jul

Aug

Sep

Total

Employee Notifications

Fast

2,510

2,963

2,897

3,248

5,162

4,237

21,017

Standard

1,526

1,770

1,860

1,815

1,965

2,128

11,064

Open

1,706

1,845

1,875

1,975

1,994

1,945

11,340

No Track

587

359

641

331

747

808

3,473

All

6,329

6,937

7,273

7,369

9,868

9,118

46,894

 

Employer Notifications

Fast

38

103

38

29

37

24

269

Standard

197

172

358

273

370

297

1,667

Open

39

37

39

30

36

34

215

No Track

 

4

2

4

4

6

20

All

274

316

437

336

447

361

2,171

Total

 

6,603

7,253

7,710

7,705

10,315

9,479

49,065

Between the start of April 2017 and the end of July, Acas received around 1,700 notifications per week. This is broadly in line with volumes of notifications received throughout 2016-17.  Since the Supreme Court decision on the Employment Tribunal fees regime, published on 26th July 2017, there has been a gradual increase, reaching around 2,200 notifications per week by the end of September.

Owing to the extended duration of some disputes, many of the longer-term effects of the Supreme Court decision are not fully known, however since week commencing 28th August there has been an increase in net ET1 receipts (+59%) and in Early Conciliation notifications (+23%) compared with the same period in 2016.

Some EC notifications are made on behalf of a group of employees. Over 1,170 group notifications are included in the total of 49,065 notifications shown in Table 1. These cover more than 9,300 individuals. This means that the number of individuals covered by notifications was of the order of 57,000 between April and September 20171.

It is also of note that during July, August and September over 3,500 connected cases which appear in these tables were submitted in relation to disputes 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 2017 - Sep 2017

 

 

Date of Conclusion of EC Case

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

Apr

May

Jun

Jul

Aug

Sep

Year to Date

No.

%

No.

%

No.

%

No.

%

No.

%

No.

%

No.

%

COT3 Settlement

1,281

19

1,358

19

1,355

19

1,441

19

1,457

14

1,331

16

8,223

17

Dispute has not Progressed to Tribunal Claim

4,074

62

4,283

60

4,302

59

4,169

56

5,542

54

5,294

63

27,664

59

Dispute Progressed to Tribunal Claim

1,233

19

1,512

21

1,596

22

1,809

24

3,238

32

1,807

21

11,195

24

Total

6,588

7,153

7,253

7,419

10,237

8,432

47,082

Conciliation remains available up to the day of a case being heard by the Employment Tribunal. 11,195 (24%) of Early Conciliation cases closed in April to September 2017 led to an Employment tribunal claim. By the end of September, 18% of these cases were either settled by Acas conciliators or withdrawn with a further 77% still in progress as shown in Table 4 which provides a further breakdown of the progress of these cases whilst 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 2017 - Sep 2017

 

ET1 Cases Received

Apr

May

Jun

Jul

Aug

Sep

Total

ET1s Received following
on from EC notification

Fast

236

353

259

256

373

610

2,087

Standard

429

691

564

492

634

921

3,731

Open

526

711

695

643

723

999

4,297

All

1,191

1,755

1,518

1,391

1,730

2,530

10,115

 

ET1s Received without 
prior EC notification

Fast

20

15

32

12

9

10

98

Standard

4

6

3

6

5

16

40

Open

12

8

14

18

13

33

98

All

36

29

49

36

27

59

236

Total

 

1,227

1,784

1,567

1,427

1,757

2,585

10,347

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 April 2017 - September 2017 for which an ET1 has been submitted

 

 

Date of Conclusion of EC Stage

Current Conciliation Case Status where ET1 submitted, April 2017 - September 2017

Apr

May

Jun

Jul

Aug

Sep

Year to Date

No.

%

No.

%

No.

%

No.

%

No.

%

No.

%

No.

%

Dispute in progress

614

50

885

59

1,128

71

1,412

78

2,939

91

1,662

92

8,640

77

COT3 Settlements so far achieved

401

33

432

29

303

19

265

15

193

6

101

6

1,695

15

Withdrawals following Acas intervention

68

6

84

6

88

6

59

3

56

2

27

1

382

3

Determined already by Employment Tribunal

150

12

111

7

77

5

73

4

50

2

17

1

478

4

Total ET1 cases

1,233

1,512

1,596

1,809

3,238

1,807

11,195

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