PART IEmployment Tribunals
Conciliation
18 Conciliation.
(1)
This section applies in the case of F1employment tribunal proceedings and claims which could be the subject of F1employment tribunal proceedings—
F2(a)
under section 120 or 127 of the Equality Act 2010,
(b)
F6(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
F10(dd)
under or by virtue of section 11, 18, 20(1)(a) or 24 of the National Minimum Wage Act 1998;
(e)
(f)
F14(ff)
under regulation 30 of the M3Working Time Regulations 1998,. . .
(g)
(h)
arising out of a contravention, or alleged contravention of regulation F175(1) or 7(2) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
F18(i)
arising out of a contravention, or alleged contravention of regulation 3 or 6(2) of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002; F19. . .
F22(k)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25(m)
(n)
under regulation 41 or 45 of the European Public Limited-Liability Company Regulations 2004
(p)
(q)
F36(r)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37(s)
(u)
(v)
under regulation 28 or 32 of the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009(S.I. 2009/2401). F44or
(w)
under regulation 5, 6 or 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.F47, or
(x)
arising out of a contravention, or alleged contravention of regulation 5, 12, 13 or 17(2) of the Agency Workers Regulations 2010.
(2)
Where an application has been presented to an F1employment tribunal, and a copy of it has been sent to a conciliation officer, it is the duty of the conciliation officer—
(a)
if he is requested to do so by the person by whom and the person against whom the proceedings are brought, or
(b)
if, in the absence of any such request, the conciliation officer considers that he could act under this subsection with a reasonable prospect of success,
to endeavour to promote a settlement of the proceedings without their being determined by an F1employment tribunal.
F48F49(2A)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
Where at any time—
(a)
a person claims that action has been taken in respect of which proceedings could be brought by him before an F1employment tribunal, but
(b)
before any application relating to that action has been presented by him a request is made to a conciliation officer (whether by that person or by the person against whom the proceedings could be instituted) to make his services available to them,
the conciliation officer F50 may endeavour to promote a settlement between the parties without proceedings being instituted .
(4)
Where a person who has presented a complaint to an F1employment tribunal under section 111 of the M4Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer shall (for the purpose of promoting a settlement of the complaint in accordance with subsection (2)) in particular—
(a)
seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or
(b)
where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant.
F51(5)
Where a conciliation officer acts pursuant to subsection (3) in a case where the person claiming as specified in paragraph (a) of that subsection has ceased to be employed by the employer and the proceedings which he claims could be brought by him are proceedings under section 111 of the Employment Rights Act 1996, the conciliation officer may in particular—
(a)
seek to promote the reinstatement or re-engagement of that person by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or
(b)
where the person does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to that person.
(6)
In proceeding under this section a conciliation officer shall, where appropriate, have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.
(7)
Anything communicated to a conciliation officer in connection with the performance of his functions under this section shall not be admissible in evidence in any proceedings before an F1employment tribunal, except with the consent of the person who communicated it to that officer.
(8)
The Secretary of State F52and the Lord Chancellor, acting jointly, may by order—
(a)
direct that further provisions of the Employment Rights Act 1996 be added to the list in subsection (1)(d), or
(b)
specify a provision of any other Act as a provision to which subsection (1)(f) applies.
19 Conciliation procedure.
F53(1)
F54Employment tribunal procedure regulations shall include in relation to F54employment tribunal proceedings in the case of which any enactment makes provision for conciliation—
(a)
provisions requiring a copy of the application by which the proceedings are instituted, and a copy of any notice relating to it which is lodged by or on behalf of the person against whom the proceedings are brought, to be sent to a conciliation officer, F55and
(b)
provisions securing that the applicant and the person against whom the proceedings are brought are notified that the services of a conciliation officer are available to them, F56. . .
F56(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57(2)
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5919AConciliation: recovery of sums payable under compromises
(1)
Subsections (3) to (6) apply if—
(a)
a conciliation officer—
(i)
has taken action under section 18 in a case, and
(ii)
issues a certificate in writing stating that a compromise has been reached in the case, and
(b)
all of the terms of the compromise are set out—
(i)
in a single relevant document, or
(ii)
in a combination of two or more relevant documents.
(2)
A document is a “relevant document” for the purposes of subsection (1) if—
(a)
it is the certificate, or
(b)
it is a document that is referred to in the certificate or that is referred to in a document that is within this paragraph.
(3)
Any sum payable by a person under the terms of the compromise (a “compromise sum”) shall, subject to subsections (4) to (7), be recoverable—
(a)
in England and Wales, by execution issued from a county court or otherwise as if the sum were payable under an order of that court;
(b)
in Scotland, by diligence as if the certificate were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4)
A compromise sum is not recoverable under subsection (3) if—
(a)
the person by whom it is payable applies for a declaration that the sum would not be recoverable from him under the general law of contract, and
(b)
that declaration is made.
(5)
If rules of court so provide, a compromise sum is not recoverable under subsection (3) during the period—
(a)
beginning with the issue of the certificate, and
(b)
ending at such time as may be specified in, or determined under, rules of court.
(6)
If the terms of the compromise provide for the person to whom a compromise sum is payable to do anything in addition to discontinuing or not starting proceedings, that sum is recoverable by him under subsection (3)—
(a)
in England and Wales, only if a county court so orders;
(b)
in Scotland, only if the sheriff so orders.
(7)
Once an application has been made for a declaration under subsection (4) in relation to a sum, no further reliance may be placed on subsection (3) for the recovery of the sum while the application is pending.
(8)
An application for a declaration under subsection (4) may be made to an employment tribunal, a county court or the sheriff.
(9)
Employment tribunal procedure regulations may (in particular) make provision as to the time within which an application to an employment tribunal for a declaration under subsection (4) is to be made.
(10)
Rules of court may make provision as to—
(a)
the time within which an application to a county court for a declaration under subsection (4) is to be made;
(b)
the time within which an application to the sheriff for a declaration under subsection (4) is to be made;
(c)
when an application (whether made to a county court, the sheriff or an employment tribunal) for a declaration under subsection (4) is pending for the purposes of subsection (7).
(11)
Nothing in this section shall be taken to prejudice any rights or remedies that a person has apart from this section.
(12)
In this section “compromise” (except in the phrase “compromise sum”) means a settlement, or compromise, to avoid proceedings or bring proceedings to an end.