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Conciliation Update: April 2018 - September 2018

Table 1: Early Conciliation (EC) Notifications by Track, Apr 2018 - Sep 2018

 

EC Notifications

Apr

May

Jun

Jul

Aug

Sep

Total

Employee Notifications1

Fast

3,721

6,985

4,833

4,220

5,517

4,165

29,441

Standard

2,109

2,189

2,073

2,173

2,322

2,108

12,974

Open

2,140

2,428

3,476

2,634

4,401

2,675

17,754

No Track

641

734

926

802

705

644

4,452

All

8,611

12,336

11,308

9,829

12,945

9,592

64,621

 

Employer Notifications

Fast

42

47

48

285

64

255

741

Standard

197

201

139

276

147

135

1,095

Open

52

60

52

44

37

32

277

No Track

2

5

2

4

7

8

28

All

293

313

241

609

255

430

2,141

Total

 

8,904

12,649

11,549

10,438

13,200

10,002

66,762

Some EC notifications are made on behalf of groups of employees. Over 2,100 group notifications, covering more than 18,000 individuals, are included in the total of 66,762 notifications shown in Table 1. This means that the number of individuals covered by notifications was of the order of 85,400 between April 2018 and September 2018.

It should be noted that from April to September just shy of 11,400 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 2018 - Sep 2018

 

All Conciliation Case Outcomes Current Status, Apr 2018 - Sep 20182AprMayJunJulAugSepYear to Date
No.%No.%No.%No.%No.%No.%No.%
COT3 Settlement1,243141,268111,225111,595141,385111,343148,05912
Dispute has not Progressed to Tribunal Claim4,659537,100636,990647,311639,307716,6997042,06664
Dispute Progressed to Tribunal Claim2,876332,834252,775252,735232,477191,5611615,25823
Total8,77811,20210,99011,64113,1699,60365,383

15,258 (23%) of Early Conciliation cases closed in April to September 2018 led to an Employment Tribunal claim. By the end of September, 22% of these cases were settled by Acas conciliators or withdrawn with a further 72% 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, Apr 2018 - Sep 2018

 

ET1 Cases Received

April

May

June

Jul

Aug

Sep

Total

ET1s Received following on from EC notification

Fast

958

823

756

855

685

597

4,674

Standard

1,188

981

982

1,192

817

701

5,861

Open

1,309

1,254

1,181

1,310

1,056

939

7,049

All

3,533

3,162

2,984

3,449

2,638

2,305

12,540

 

ET1s Received without prior EC notification

Fast

37

33

19

39

29

16

173

Standard

26

35

22

19

22

24

148

Open

15

36

24

34

29

28

166

All

78

104

65

92

80

68

487

Total

 

3,533

3,162

2,984

3,449

2,638

2,305

18,071

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 - Sep 2018 for which an ET1 has been submitted

 

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

Apr

May

Jun

JulAugSep

Year to Date

 

No.

%

No.

%

No.

%

No.%No.%No.%

No.

%

Dispute in progress

1,561

54

1,832

65

1,941

70

2,113772,106851,43292

10,985

72

COT3 Settlements so far achieved

772

27

584

21

507

18

413152309876

2,593

17

Withdrawals following Acas intervention

221

8

211

7

154

6

1104773272

800

5

Determined already by Employment Tribunal

322

11

207

7

173

6

994643151

880

6

Total ET1 cases

2,876

2,834

2,775

2,7352,4771,561

15,258

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.