Implementation of pre-claim conciliation

by Laurie Anstis on January 17, 2013

Finally in today’s set of documentation from BIS we have proposals for implementation of pre-claim conciliation.

This sets out detailed proposals (and a draft statutory instrument) for the introduction of compulsory pre-claim conciliation. There will be limited exemptions for multiple claims which have already been to conciliation, cases where ACAS has already attempted conciliation and national security cases. Some types of claims will not be subject to pre-claim concilation at all, such as claims for payments from the national insurance fund on the insolvency of an employer.

The consultation also sets out the proposed forms, and the certification process that will then permit an employee to bring a claim to the tribunal. The forms will be of crucial importance in the temporary supension of the usual limitation periods for employment tribunal claims.