What is the role of Acas?

It is common for people to have heard of Acas but not understand the organisation’s role or the ways in which it can help. This blog aims to tackle misconceptions by answering questions such as what is the role of Acas?  Can Acas advise me on my claim? When does Acas become involved and how long does that involvement last for? Although Acas undertakes a range of activities, such as drafting codes of practice, this blog will focus exclusively on the role of Acas in the context of resolving Employment Tribunal claims.

Acas stands for the Advisory, Conciliation and Arbitration Service, and the organisation is an independent statutory body. The support of Acas conciliators is also free of charge.

The role of Acas conciliators is to facilitate a dialogue between the parties, with a view to reaching a settlement and therefore remove the need for the matter to be resolved at an Employment Tribunal. The involvement of Acas begins when a Claimant (the person wishing to bring a claim) submits an Early Conciliation notification form.  For more information on early conciliation, read our blog What is early conciliation?

A person completing an Early Conciliation Notification form is asked to provide basic information such as the nature of the complaints or claims being made e.g. unfair dismissal, discrimination, unlawful deduction of wages etc. In addition to details relating to the complaints, contact details for the person or organisation that the claim is against (the Respondent) are also requested.

The case will then be allocated to an Acas conciliator. If the parties agree to engage in Early Conciliation, there will be a period of up to six weeks, from when the Early Conciliation notification form was submitted, for the parties to resolve the dispute. This period of time is often referred to as the Early Conciliation period.  Early Conciliation is a voluntary process. Therefore, if one party chooses not to engage with the Early Conciliation process it is brought to an end. In those circumstances, the Early Conciliation certificate will be issued, and it will be for the Claimant to lodge a claim form at the Employment Tribunal.

It is important to note that the time limits for bringing a claim are paused during the Early Conciliation process. The time is paused during the Early Conciliation period, to enable the parties to use the time to focus on potentially reaching a settlement.

How long is the Acas conciliator allocated to the case for?

As stated above, an Acas conciliator is allocated to the case soon after the early conciliation notification form is submitted. After the early conciliation period is concluded, the conciliator will remain involved and will receive documentation from the Employment Tribunal, such as the claim form and response.

Acas remain involved in the process until the conclusion of the case at a final hearing. This means that it is possible for the parties to contact their conciliator at various phases in the process in order to explore settlement discussions.  

Can Acas advise me or force me to make or accept an offer?

No. As said above, Acas is an impartial organisation. Acas conciliators cannot advise either party on whether an offer should be made or accepted and it is not the role of Acas conciliators to decide what the outcome should be. Similarly, Acas conciliators are unable to advise on the merits of a case or what should happen next. Furthermore, it is not the role of Acas conciliators to draft the terms of the settlement.

The role of Acas – the various things that Acas conciliators do?

• Understand the positions of the parties

As said above, the role of Acas conciliators is essentially to facilitate settlement discussions. In order for that to be possible, it is necessary for the Acas conciliator to understand the complaints being made and the Respondent’s response. This information may be gained via phone or email. As well as information about the complaints being made, it is also important for Acas conciliators to know what the Claimant would be seeking in order for the claim to be settled.

• Make regular contact with the parties to establish whether there is an appetite for settlement

It may be that a party becomes interested in settlement discussions after early conciliation, such as after a claim form has been lodged or a preliminary hearing has taken place. That being so, it is particularly useful that the involvement of Acas conciliators could be available until the final hearing. It is also important to remember that the parties can contact the Acas conciliator directly, so it is not necessary for the parties to wait until the Acas conciliator makes contact.

• Facilitate communication between the parties

It may be that one side feels uncomfortable about contacting the other side directly regarding settlement. This is particularly common when one party is professionally represented, and the other is not. In such circumstances, Acas conciliators can act as the bridge between the parties. Such support means that information can be gained, and offers made, without the need for the parties to engage with each other directly.

• Incorporate agreed terms into a COT3 and inform the Tribunal that a settlement has been reached

 As referred to below, if Acas is informed by the parties that the terms of the agreement are agreed then the agreement becomes legally binding. At that stage the Acas conciliators will incorporate the agreed terms into a document referred to as a COT3. Acas conciliators will then inform the Employment Tribunal that the case has been settled. For information on COT3 agreements, read our blog What is a COT3 agreement?

What happens if a settlement is reached with the assistance of an Acas conciliator?

Regardless of when it is, if settlement is reached, with the assistance of Acas, the agreed terms will be incorporated into a document, which is commonly referred to as a COT3 form. Once the terms are agreed, and ACAS has been informed, the agreement become legally binding on both parties.

It is common for the agreement to specify various terms. The most obvious being that, by entering into the agreement, the Claimant waives the right to pursue an Employment Tribunal claim against the Respondent. The terms vary depending on the circumstances and the preferences of those drafting the agreement.

Although Acas will inform the Tribunal once a binding agreement has been reached between the parties, it is often a condition of the agreement that the Claimant emails the Tribunal to withdraw the claim.

Plotkin & Chandler works exclusively in the areas of HR and employment law and assists both employees and employers.

If you have brought an Employment Tribunal claim, or you are an organisation defending one, and want advice and or representation relating to your case, or you would like to explore settlement discussions, we can help.

Please contact us on 020 3923 8616 or via email on info@plotkinandchandler.com to discuss your needs and the ways in which we can help.