Employment Tribunals

The procedural rules for the bringing of, and responding to, claims in the employment tribunal, and their subsequent management and determination, are set out in the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155. For the early conciliation rules, see Practice Note: Early conciliation rules (rules applying from Sunday 20 April 2014).

The early conciliation requirement

Acas conciliation involves an independent Acas conciliation officer (also known as a conciliator) discussing the issues in dispute with both parties in order to help them reach a better understanding of each other's position. The conciliation officer tries to encourage the parties in dispute to come to an agreement between themselves so as to avoid the need for a tribunal hearing.

For further information on Acas conciliation generally, see Practice Note: Acas conciliation.

The early conciliation (EC) requirement (also known as mandatory Acas early conciliation) is an obligation on a prospective claimant to contact Acas with certain information prior to submitting a claim in the employment tribunal.

The EC requirement applies to 'relevant proceedings', ie:

  1. those proceedings listed in section 18(1) Employment Tribunals Act 1996, which includes

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Employment weekly highlights—5 June 2025

This edition of Employment weekly highlights includes: (1) an analysis of the recent immigration White Paper by Ben Maitland of Vanessa Ganguin Immigration Law, (2) an analysis of reforms to reduce discrimination in the Local Government Pension Scheme by David Gallagher and Daniel Fowler at Fieldfisher, (3) an EAT decision that a claimant’s aversion to wearing a mask lacked the necessary cogency, seriousness, and cohesion to qualify as a protected philosophical belief, (4) an ET decision that a teacher’s dismissal was not the result of her whistleblowing over the school’s policy on trans children, (5) an analysis of a Court of Appeal decision that UK gender recognition certificates do not allow gender to be recorded as non-binary by Harini Iyengar at 11KBW, (6) a report from the Institute for Public Policy Research on the challenges surrounding surveillance in the workplace, (7) the publication of the latest UK Stewardship Code by the Financial Reporting Council, (8) new guidance and legislation on amendments to non-disclosure agreements (NDAs) under the Victims and Prisoners Act 2024, (9) a successful appeal to the EAT against a ‘gisting order’ in an unfair dismissal claim amid national security concerns, (10) two new Practice Notes on providing toilet, washing and changing facilities in the workplace following the Supreme Court decision in For Women Scotland v Scottish Ministers, and on the right to disconnect produced in partnership with Rosie Moore and Simon Swaine of Lewis Silkin, (11) dates for your diary, and (12) other news items of interest to employment practitioners.

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