Early Conciliation Vs. Employment Tribunal – Which Is Best?

Early Conciliation Vs. Employment Tribunal – Which Is Best?

The UK government has a new scheme in operation which is designed to ease the burden on employment tribunals that have to deal with many cases, namely early conciliation. This initiative aims to resolve employee-employer conflicts through the ACAS or Advisory, Conciliation Arbitration Service, which saves the company money and the valuable time of the employment tribunal.

The Employment Tribunal

The employment tribunal is a special court that deals with employment law cases. It is made up of a panel of three judges, who are either legal professionals or experienced industrial relations personnel. The tribunal has the power to hear cases about unfair dismissal, discrimination, and other employment law matters. In most cases, the hearing will take place in front of a panel of two judges, with the third judge acting as an observer.

Early Conciliation

Early conciliation is the process of attempting to resolve a dispute before it goes to court. The aim is to help parties reach an agreement without the need for expensive and time-consuming legal proceedings. Early conciliation can be initiated by either party to a dispute and is typically handled by a neutral third party, such as a mediator. ACAS is a UK-based organization that provides employment dispute resolution services. It can arbitrate disputes that have not been resolved through mediation. Although ACAS is not a court of law, it has the power to enforce its decisions through the use of binding arbitration.

Win-Win For Both Parties

Let’s face it, when an employee takes their employer to an employment tribunal in order to settle a conflict, there are obvious expenses, yet should the issue be resolved before reaching the court, it is a win-win for both parties. Many businesses use the ACAS early conciliation advice from Avensure as well as other leading HR agencies. Whichever service or agency you go for, ensure that it has a wealth of experience in dealing with employee conflicts.

Employer’s Perspective

From the employer’s perspective, early conciliation is the best way forward, as it negates the need to hire lawyers and prepare for a court verdict. The process of an employee claim involves contacting the UK government directly (ACAS) and once approved, the employer is notified and the process can begin. The early conciliation service is there to provide a platform to resolve the issue before it reaches a tribunal.

Employee’s Perspective

Of course, the worker wishes for the issue to be resolved as soon as possible and it certainly isn’t good for anyone when working while a tribunal case is pending. The atmosphere can sometimes be cut with a knife when working in such an environment and the sooner things are resolved, the better. If the employee contacts a relevant agency, they can quickly assess the strength of the claim, which enables you to make an informed decision as to whether or not to proceed to the employment tribunal.

Joint Agreement

For early conciliation, both the employee and the employer must agree to have the issue resolved by ACAS. If you are an employer and you’ve been contacted by ACAS regarding an employee issue, the best thing to do is contact an agency that has a team of employment law specialists who can represent you from the outset.

24/7 Legal Support

When you connect with a leading UK HR agency, their team of employment law specialists are available for advice 24/7 and you can’t get better than that. Should an emergency arise, you can act quickly and make the right choices, while the agency can prepare for the employment tribunal, should that be necessary.

Outsource Your HR Needs

Most medium to large companies outsource their HR requirements to a third-party specialist, an organisation that is equipped to effectively manage your workforce.

The agency would manage:

  • Recruitment
  • Terms & Conditions Of Employment
  • Employee Training
  • Payroll
  • Employee Conflicts

They have a team of UK labour law specialists who can advise you regarding any scenario. The agency tailors the services to suit the client and if you choose a company that is sector-specific, they have a wealth of hands-on experience in managing a workforce. They keep track of all HR data and top-rated analytics can tweak things to reduce running costs and improve productivity. Your employees are the most valuable asset you have and regardless of how many people work for you, the agency has you covered.