"We can negotiate with ACAS to secure the best settlement for you, as quickly as possible, before you are faced with tribunal fees."
Since the spring of 2014, a person must first try and settle their dispute with their employer before bringing a claim to the Tribunal. They must do this by using the ACAS Early Conciliation Service. Once ACAS have been contacted, the process begins. This will temporarily pause the limitation period.
Who are ACAS?
ACAS (The Advisory, Conciliation & Arbitration Service) provide impartial, general information to both employers and employees in relation to any issues that arise during the course of employment. They cannot give their view on specific scenarios, and so the advice of an experienced employment solicitor should be sought for this purpose.
ACAS also provide a conciliation service to those who have brought Employment Tribunal Claims or those considering taking that step, through the Early Conciliation Scheme.
What if we cannot agree?
If the matter is resolved successfully, then the dispute ends and no further action is required. However, if you and your employer are unable to resolve the employment dispute, then you will be issued with an ACAS Early Conciliation Certification and Number, which you must include in the ET1 Form, also known as the Employers Tribunal claim form 1.
Employment Tribunal Claim form 1 - This is the form that is used to start any claim to the Employment Tribunal. You should ensure that this form is with the Tribunal within 3 months of the date of the act you are complaining about. You should be aware that you need to have an ACAS Early Conciliation Certification and Number before you can submit this form. Your ET1 should contain all the issues and all the facts. Once your form has been submitted, it is unlikely that you will be able to add anything further.
Employment Tribunal Claim form 3 - This is the form that your employers or former employers will use to defend their position. When you receive this, you must read it very carefully, as it will detail the grounds upon which they will be defending the claim you are making.
Tribunal Awards are split into two types of award:
The Basic Award is calculated in the same way as Redundancy Pay. There is no specific calculation for the Compensatory Award, but it is generally to put the employee back in the position they would have been in had they not been mistreated by their employer. This latter Award might be subject to a cap, depending on the complaint.
Tribunal Fees were introduced by the Government in July 2013. How much you have to pay will depend upon the type of claim that you are bringing. There is a fee to start your claim and a fee if you want the matter to proceed to the Tribunal. Some people are eligible to pay a reduced fee, or no fee at all if they satisfy a means test. It is best that you check with NewLaw’s experienced solicitors, who can advise you beforehand on your eligibility.
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