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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Detailed list of Home Office’s Sponsor Guidance changes of 6 March 2026

Immigration analysis: On 6 March 2026, the Home Office issued new versions of each of the three principal Worker and Temporary Worker Sponsor Guidance documents, as well as of other Sponsor Guidance documents including Appendix D (on retaining documents) and the Sponsor a Skilled Worker guidance. We have set out below a detailed list of all of the substantive changes, as well as other wording changes which the Home Office appears to have made to focus sponsors’ minds on recent operational concerns, in light of the current significant increase in compliance checks and enforcement (eg around salary underpayment). One important change is the replacement of the ‘genuine vacancy’ concept with the newly defined term ‘eligible role’, now contained in a new standalone glossary document. The new four-limbed definition embeds skill, salary and route requirements, compliance with wider employment law, and proportionality to the sponsor’s business model into a continuing test that must be met throughout sponsorship. Other operational-related changes include around illegal working requirements, and reinforcing the importance of Certificate of Sponsorship details matching the work actually undertaken (or reporting permitted changes). The wording around the standard of proof for the enforcement threshold in some cases has also been amended to ‘reasonable suspicion’, presumably as an attempt to expand the Home Office’s discretion to refuse, suspend or revoke licences. Other suitability/compliance amendments relate to concerns about dishonesty, salary inflation or risks to the integrity of the sponsorship system. At the same time, the guidance emphasises that participation in the sponsorship scheme (now formally termed a ‘scheme’) is voluntary and that a licence is granted and held at the Home Office’s discretion. There is also an increased focus on worker welfare and compliance with wider UK law, including a new requirement to inform sponsored workers of their employment rights and retain evidence of having done so. It had been anticipated that further guidance would be included on when and how employers are permitted to ‘claw back’ some immigration costs in circumstances where a sponsored worker leaves their employment early, but there were no more changes made on this aspect in the new guidance.

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