Resolving disputes early can ease the tribunal system

Jo Faragher

With the news this week that a Labour government would drastically reform the employment tribunals system, it was interesting to note how existing measures designed to reduce the number of cases brought before tribunals have fared so far.

Figures revealed that more than 17,000 early conciliation notices were received by conciliation service Acas in the first three months since it launched this option in April. The service offers managers and staff an impartial way to resolve their differences without going down the costly route of taking a claim to court.

Of those that had made use of the service, the vast majority of cases were lodged by employees, rather than employers, suggesting that most workers would rather resolve any disputes out of court.

It’s likely that this trend has been exacerbated by the introduction of tribunal fees last summer – something shadow business secretary Chuka Umunna has pledged Labour would drop if the party was voted into power at the next general election.

The fees range between £160 and £250 to issue a claim, and between £230 and £950 if it goes to a hearing, so those in lower-paid positions face a hefty financial barrier to bringing a claim.

Unions and employee bodies have argued that fees obstruct too many workers from getting the justice they deserve for being mistreated at work, while business lobby groups insist that they reduce the likelihood of vexatious or unnecessary claims placing a burden on the system.

Whichever argument you support, early conciliation certainly has a role to play in minimising bureaucracy and ensuring that both sides of every story are heard. And for those with legitimate claims who want to proceed further, seeking early conciliation is a positive first step.