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17th April 2008

NEWS IN BRIEF

CONCILIATING ACAS

Acas has announced that it will be able to conciliate in all cases received from the beginning of April (and all cases live at that date) whether or not the fixed period for conciliation has expired.

Up to October 2004, Acas had a duty to offer conciliation in nearly all claims made to an employment tribunal until liability and remedy had been decided. But with the introduction of the Employment Act 2002 (Dispute Resolution) Regulations 2004 came fixed conciliation periods. After the fixed time was up, Acas could still exercise a statutory power to conciliate but has been using that power very sparingly until recently.

It then became clear in the recent review by Michael Gibbons (Better Dispute Resolution) that fixed conciliation periods had not resulted in more or earlier resolution of disputes about individual employment rights, and he suggested that they be removed.

Following a consultation, the Government has now proposed the abolition of these restrictions in the current Employment Bill, which is expected to take effect from April 2009. In the meantime Acas has decided to conciliate in all cases live at 1 April and those received on or after that date.

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