Early conciliation and financial penalties

The Government has today issued two statutory instruments setting out the rules for Early Conciliation (EC) and the introduction of financial penalties in Employment Tribunal cases.

The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 set out the EC process all prospective Claimants must follow from 6 May 2014 before their claim will be accepted by the Employment Tribunal.   For reasons we can't quite fathom there will be a transitional period from 6 April - 5 May 2014 where a prospective Claimant approaching Acas for conciliation before or after submitting a claim will trigger the EC process.

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014  brings into force the power for Employment Tribunals to order losing employers to pay a financial penalty in addition to any award made to the Claimant.  The published statutory instrument is unclear but we understand this will only apply to claims started on or after 6 April 2014.

KLC provides an end-to-end tribunal case management service to clients.   If you need advice about these new provisions or assistance with a case please don't hesitate to get in touch.