How Early Conciliation Can Help Resolve Employee Issues

How Early Conciliation Can Help Resolve Employee Issues


When you have an issue with an employee, and there may be grounds for a tribunal, you may find your employee asking for early conciliation to help resolve the issue. There can be many reasons this situation may arise, including your employee considering they have been unfairly dismissed.

When these problems occur, you do not want to shirk away from them and instead tackle them head-on to get the problem solved so you can start getting on with things again. Below are some things you can expect from this process and how it can help resolve the issue fairly for both parties.

Talking Through The Problem

Before you start getting third parties involved, you and your employee should try and sit down and go through the issues you both have and try to work them out. It is much better for both parties if you can come up with an amicable solution for you both, and the sooner you do, the quicker things will get back to normal.

The last thing you want hanging over your head is the thought of being taken to an employment tribunal and potentially losing if you are in the wrong. You may have to look into the ACAS early conciliation service that many employers rely on. ACAS can help both parties get together and communicate, doing everything possible to avoid escalating the situation and going to an employment tribunal.

What To Expect From Early Conciliation?

When an employee or former employee plans to take you to a tribunal, they inform ACAS about the situation. ACAS will look at the problem from both sides at a legal standpoint and then act as a mediator between both parties. You may find that this is done in a face-to-face meeting, or it can be done remotely, which will take more time but ensures the sparks do not fly and a confrontation ensues.

The process gives each side a platform to say what they want out of the situation, and then it is down to negotiating between the two parties and coming to an amicable compromise for both parties. At the end of the process, one of two outcomes will dictate the next steps to be taken.

At The Conclusion Of The Early Conciliation Process

The early conciliation process aims to try and resolve matters before they need to be taken to a tribunal. However, it is not always possible to do and will depend on the situation, the employer, and the employee. If things are too complicated, there are reliable professionals from who can help you in every step.

When you cannot come to an amicable agreement between both parties, you are issued with an early conciliation certificate to show you have tried to resolve the issue. You can then start the tribunal process. However, if the mediation was successful and you both agreed to a conclusion, you will enter a COT3 agreement. The agreement is legally binding, so both parties must adhere to it, but it is an excellent way to resolve the issue and allow both parties to move forward.