ACAS THE NEW REGIME

RMT helpline 0800 376 3706 :: march 2015 :: RMTnews 23 The limitation period for submitting a claim to the Employment Tribunal is three months less one day. The date of limitation runs from the date of the relevant act (for example the date of dismissal or the date of a discriminatory act). Please note, it does not run from the date of the appeal. Due to the changes in the law from May 6 2014 before your claim form can be accepted by the Employment Tribunal you must have registered your claim with ACAS and completed a process known as Early Conciliation. The purpose of ACAS Early Conciliation is to see if they can settle your claim without the need of the Tribunal. The Employment Tribunal will not consider your case unless you send them a certificate saying that you have completed the Early Conciliation procedure, which you can get from ACAS after negotiations. In effect, ACAS will act as the go between the claimant (you) and the respondent (your employer). If an agreement can be achieved, then ACAS will provide an out of court settlement agreement which is binding on both parties. Conciliation can be lodged at any time after the relevant act has taken place (e.g. an act of discrimination or a dismissal), provided it is within the time limit of 3 months less one day. ACAS has the effect of stopping the limitation clock. Therefore a claim could potentially be submitted three months less one day from the date of the relevant act. However, we advise that claims are submitted to ACAS three months less two days from the date of the relevant act, if submitting online, at the very latest and preferably earlier. We recommend that ACAS applications are submitted online via the form on the ACAS website at www.acas.org.uk/earlyconciliation. ACAS will normally advise that you submit your claim to them after your appeal, which can be sensible advice, however remember that limitation runs from the date of the relevant act and not from the date of appeal. Therefore if an employer is delaying the appeal procedure for an inappropriate amount of time then you should bear the limitation period in mind and if it will expire soon then you should not wait to submit your application to ACAS. If time limits allow, before making an application to ACAS you should preferably submit an L2 form for legal advice through your regional office and speak to a member of the legal department. The key is not to delay and to get the ball rolling as soon as possible. ACAS will normally send quick confirmation that the application has been received. If applying via post then more time will be needed to account for postal times. Members can submit cases themselves online, however the union will assist you with this should you notify them in time. When submitting a claim you should ensure that all details are correct on the form – you should pay particular attention to ensuring: – The correct name and registered address of your employer. – The correct dates of employment. If you wish the union to deal with conciliation on your behalf with ACAS then you should mention this on the submission form. Please note that only a recognised Regional Officer can act as a union conciliator. No other representative in the union can do this unless express permission is granted by your general secretary Mick Cash. The appointed union representative will liaise with you, take your instructions and inform ACAS, who will in turn inform your employer. They will then negotiate through ACAS for an appropriate offer, if available. In summary, you must bear in mind that there is a strict time limit of three months less one day to lodge your claim form with an Employment Tribunal, but prior to this you must participate in the ACAS Early Conciliation process. The Union will be able to assist you with conciliation if requested. Registering with ACAS stops the limitation clock running and you can do this online at www.acas.org.uk/earlyconciliation. LEGAL ACAS THE NEW REGIME Liam Welch of RMT legal department explains changes to access to employment tribunals