7 Conciliation before institution of proceedings
Enterprise and Regulatory Reform Act 2013 (2013 c 24) | Legislation

Part 2 Employment

Conciliation

7  Conciliation before institution of proceedings

(1)     After section 18 of the Employment Tribunals Act 1996 (conciliation) insert—

“18A Requirement to contact ACAS before instituting proceedings

(1)     Before a person (“the prospective claimant”) presents an application to institute relevant proceedings relating to any matter, the prospective claimant must provide to ACAS prescribed information, in the prescribed manner, about that matter.

This is subject to subsection (7).

(2)     On receiving the prescribed information in the prescribed manner, ACAS shall send a copy of it to a conciliation officer.

(3)     The conciliation officer shall, during the prescribed period, endeavour to promote a settlement between the persons who would be parties to the proceedings.

(4)     If—

(a)     during the prescribed period the conciliation officer concludes that a settlement is not possible, or

(b)     the prescribed period expires without a settlement having been reached,

the conciliation officer shall issue a certificate to that effect, in the prescribed manner, to the prospective claimant.

(5)     The conciliation officer may continue to endeavour to promote a settlement after the expiry of the prescribed period.

(6)     In subsections (3) to (5) “settlement” means a settlement

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