ACAS Early Conciliation Case Study

07 November 2017

Client Situation

Our client, Mrs B, contacted us after she was dismissed unfairly by her employer after 2 years of employment. The employer did not give a reason to Mrs B as to why they were dismissing her and they did not follow any formal process for her dismissal.

No initial settlement offer was made to Mrs B at the time of the dismissal.

How We Helped

As you would expect, Mrs B was upset by being dismissed unfairly and needed to establish her legal rights as to whether she would be entitled to a compensation settlement, and if so the value of the settlement to which she was entitled.

Mrs B instructed Co-op Legal Services to assist her. Once Mrs B had explained her situation fully and our Employment Solicitors had all of the information they needed, they wrote a “Letter before Action” to the employer. A Letter before Action is the last letter that is sent to a person or company before legal action is taken. The letter acts as a warning to the employer that the next step will be to take legal action if the matter cannot be resolved.

In the Letter before Action, our Employment Solicitors proposed the terms of settlement that we believed to be appropriate and fair for Mrs B, taking into account the specific details of her employment and her dismissal. The employer refused to settle at the amount offered.

Our Employment Solicitors then contacted ACAS to lodge an Early Conciliation form (known as an ACAS EC). ACAS stands for Advisory, Conciliation and Arbitration Service, and is the government body for resolving employment disputes. The Early Conciliation process provides a further opportunity for the employer to settle the matter with the employee, without the need to go to Court.

Settling through Early Conciliation can be cheaper, quicker and less stressful for both the employer and the employee than going through an Employment Tribunal hearing.

The Outcome

Through the ACAS Early Conciliation process, a settlement was reached with the employer, for the amount of compensation that was originally proposed by our Employment Solicitors. Mrs B was very satisfied with this result.

For more information see Early Conciliation and Making an Employment Law Claim.

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