Five FAQs about conciliation

 

What is conciliation?

As a form of ADR (Alternative Dispute Resolution), conciliation is often used to resolve disputes in the workplace. If you are in dispute with your employer, conciliation may be offered. You can’t be forced into conciliation, as it is completely voluntary. And the conciliator can’t force their decision on any party. Before you agree to conciliation, outline your dispute to an employment law solicitor, as they can ensure you are using the right type of ADR.

Can conciliation impact my ability to go to an employment tribunal?

Generally the two will not be connected. You can try to resolve your issues with conciliation and then use a tribunal if your attempts at conciliation have been unsuccessful. In addition, a tribunal panel won’t base their decision on your attempt at conciliation or the outcome of your conciliation process. If you are unsure of this procedure consult an employment law solicitor.

How do Acas and conciliation work together?

Anyone that makes a formal claim to an employment tribunal will have their claim sent to Acas. A conciliator will then contact your employer and offer conciliation services. You can also contact Acas before you make a formal claim to a tribunal. Often, prompt action can result in swift resolutions of disputes. If your dispute has a legal component, ensure your employment law solicitor is fully away of the action you are taking.

What about the Code of Practice that my employer should follow?

Acas has developed the Code of Practice that it expects all employers to follow. If you were to bring a claim to an employment tribunal, and your employer was found to have not followed the Code, the tribunal has the power to increase any award made to you by 25 per cent. Your employment law solicitor can advise on how the Code could impact your dispute.

How can employment law solicitors help with my dispute?

If your dispute involves alleged misconduct by your employer, or alleged discrimination, these are serious allegations. An employment law solicitor can interpret the law as it applies to your case, and offer their advice and guidance throughout the conciliation process.

If you would like to obtain legal advice on conciliation, Contact Law can put you in touch with a local specialist employment solicitor free of charge. So, if you have any questions or would like our help in finding local employment solicitors please call us on 0800 1777 162 or complete the web-form above.

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