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Conciliation Update: April 2017 - December 2017

Table 1: Early Conciliation (EC) Notifications by Track, Apr 2017 - Dec 2017

 

EC Notifications

Q1

Q2

Q3

Total

Employee Notifications

Fast

8,362

12,632

12,922

33,916

Standard

5,138

5,875

6,158

17,171

Open

5,421

5,886

5,820

17,127

No Track

1,587

1,876

2,243

5,706

All

20,508

26,269

27,143

73,920

 

Employer Notifications

Fast

181

92

278

551

Standard

727

947

551

2,225

Open

115

100

237

452

No Track

3

4

12

19

All

1,026

1,143

1,078

3,247

Total

 

21,534

27,412

28,221

77,167

Between the start of April 2017 and the end of July, Acas received around 1,700 notifications per week. Since the Supreme Court ruling on Employment Tribunal Fees, this has risen to around 2,200 notifications per week.

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 28 August there has been an increase in net ET1 receipts (+57%) and in Early Conciliation notifications (+25%) compared with the same period in 2016.

Some EC notifications are made on behalf of groups of employees. Over 1,600 group notifications, covering more than 13,000 individuals, are included in the total of 77,167 notifications shown in Table 1. This means that the number of individuals covered by notifications was of the order of 87,000 between April and December 20171.

It should be noted that during July to December over 4,500 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 Apr 2017 - Dec 2017

 

 

Date of Conclusion of EC Case

All Conciliation Case Outcomes Current Status, Apr 2017 - Dec 20172

Q1

Q2

Q3

Year to Date

No.

%

No.

%

No.

%

No.

%

COT3 Settlement

3,994

19

4,225

16

4,527

16

12,746

17

Dispute has not Progressed to Tribunal Claim

12,601

60

13,719

53

17,459

60

43,779

58

Dispute Progressed to Tribunal Claim

4,367

21

7,999

31

7,214

25

19,580

26

Total

20,962

25,943

29,200

76,105

Conciliation remains available up to the day of the case being hear by the Employment Tribunal. 19,580 (26%) of Early Conciliation cases closed in April to December 2017 led to an Employment tribunal claim. By the end of December, 26% of these cases were settled by Acas conciliators or withdrawn with a further 67% 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 - Dec 2017

 

ET1 Cases Received

Q1

Q2

Q3

Total

ET1s Received following on from EC notification

Fast

860

1,251

2,040

4,151

Standard

1,675

2,029

2,762

6,466

Open

1,928

2,344

3,020

7,292

All

4,463

5,624

7,822

17,909

 

ET1s Received without prior EC notification

Fast

67

31

71

169

Standard

13

28

67

108

Open

31

64

121

216

All

111

123

259

493

Total

 

4,574

5,747

8,081

18,402

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 - December 2017 for which an ET1 has been submitted

 

 

Date of Conclusion of EC Element

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

Q1

Q2

Q3

Year to Date

No.

%

No.

%

No.

%

No.

%

Dispute in progress

1,706

39

5,261

66

6,128

85

13,095

67

COT3 Settlements so far achieved

1,694

39

1,702

21

735

10

4,131

21

Withdrawals following Acas intervention

363

8

419

5

171

2

953

5

Determined already by Employment Tribunal

604

14

617

8

180

2

1,401

7

Total ET1 cases

4,367

7,999

7,214

19,580

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