From the 6 April 2014 it will be compulsory for employees who are considering making a Tribunal claim to make contact with ACAS first to mediate with their employers before contacting the Tribunal. Examples of claims that this applies to include:
- Unfair Dismissal
- Discrimination Claims
- Equal Pay Claims
The process that will be followed is the employee will contact ACAS who will then attempt to make contact with the employers. The parties will then have up to a month, although this can be extended upon agreement, to engage in mediation. Depending on the outcome the case will then either settle or the employee will have the right to being a claim in the Tribunal.
Maria Farnell, Head of legal at Avensure, Employment and Health & Safety specialists, believes there are a number of advantages to early mediation of disputes between employer and employee:
“Research suggests that currently mediation at an early stage can save on average £2,700, when compared with mediation post the involvement of the Tribunal.
“Also, legal representatives are permitted to negotiate throughout this process on behalf of employers to secure a favourable outcome. Through properly focused negotiating tactics on the part of legal representatives, the potential cost savings for employers will exceed the figure quoted above.”
Cost is key to any business and the opportunity to mediate a potentially costly conflict at an early stage may be very welcome. However, especially with complex or sensitive issues, getting legal advice and guidance can be invaluable, as Avensure’s expert mediators are keen to point out.
Free advice for Marketing Stockport members
Avensure are inviting members of Marketing Stockport to take full advantage of the “Free Employment Law Advice Line”
The service is provided Free of charge, available 24 hours a day, 365 days a year and is exclusive to members of Marketing Stockport.
The advice is practical, pragmatic and is designed to deal with issues as soon as they arise, leading to a swift conclusion.
Advice can be given on any Employment Law related issue, no matter how trivial it may seem. It is often the case that early intervention in any issue leads to a successful conclusion, eliminating the risks of unwanted Employment Tribunals.
The Free advice line is available to Marketing Stockport members on 0330 100 7618. (Calls are charged at local rate from a landline and mobile)