Does the Early Conciliation process apply to claims that happen after the certificate is issued?
In this weeks’ episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the Early Conciliation process which is mandatory in the majority of employment tribunal cases. In this case Mrs Morgan fulfilled the requirements of Early Conciliation and then resigned. Her employer, Compass Group, argued that she could not rely on the earlier conciliation certificate when making a claim for constructive unfair dismissal.
In this episode I will cover:
- The background to the Early Conciliation process and requirements;
- How Early Conciliation works;
- The facts of the case and why the employer argued that the employee had not fulfilled the Early Conciliation requirements;
- Why the Employment Appeal Tribunal consider that a wide view should be taken of ‘matter’ when considering Early Conciliation;
- Why you should take care in submitting your defence to a claim in the Employment Tribunal.
Case name: Compass Group v Morgan – Employment Appeal Tribunal. You can read the full judgement for the case here
- If you receive a call from ACAS about Early Conciliation then you should give some meaningful thought to resolution;
- Seek advice before submitting your defence to a claim in the Employment Tribunal;
- Seek advice about your specific business issue;
- Give me a call if you want to talk through 023 8098 2006 or 01983 897003
Remember getting advice from a Solicitor need not be expensive or difficult!
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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.