May 2, 2014
On Tuesday 6th May 2014 would-be claimants in the Employment Tribunal will first have to make contact with the arbitration service ACAS. This allows you to discuss the claim and make contact with the potential respondent in an attempt to seek an early resolution. A claim will not be able to proceed without such a step being taken and ACAS issuing a certificate to confirm that conciliation has been attempted.
Whilst this process is undertaken the limitation period for issuing the claim (normally 3 months minus one day) will be frozen.
The difficulty for any unrepresented claimant is that they will not know how strong their claim is or what its value may be. By contrast, the respondent may also be in some doubt as to its position and not know whether it should be attempting to settle the claim at all and – if so – by how much. These factors are likely to detract from any sensible settlement negotiation.
Whether you are a potential claimant or respondent, Porter Dodson is here to help. Our aim is to ensure that you receive the legal advice you require to make the pre-action conciliation meaningful whilst ensuring that you do not settle a claim prematurely or at the wrong level.
Speak to us today about the fixed-fee advice and support we can provide in respect of this process.
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