Acas has published statistics on the take up of early conciliation since it became mandatory on 6 May 2014.  Particular points of interest are:

  • In the first six months of early conciliation (6 April - 30 September 2014) only 10 percent of employees and employers rejected an offer of early conciliation
  • Of all the cases that were notified:
    • eight percent resulted in a COT3 agreement;
    • 24 percent resulted in Tribunal proceedings; and
    • 58 percent did not result in any further action, although this figure includes claims that are still within their limitation period so it is possible that a small number of notifications may proceed to Tribunal proceedings or settlement.

The fact that so many employees appear not to pursue claims where conciliation is unsuccessful may inform employers' views as to whether to settle at pre-claim conciliation or wait and see whether the employee pays the Tribunal fee to start a claim.

A copy of the Acas report can be found HERE.