Conciliation in workplace disputes

If you are trying to resolve a particular legal dispute at work, conciliation could help you and your employer settle the problem without making a claim to an Employment Tribunal.

Conciliation

Conciliation is similar to mediation but is normally used when there is a particular legal dispute, rather than more general problems. Both you and your employer have to agree to conciliation before it can happen.

Mediation in workplace disputes

The decision of an Employment Tribunal is not affected by your decision to try conciliation. If you decide not to go through conciliation, or find conciliation unhelpful for you and stop, your choice does not make any difference in the view of the Employment Tribunal.

The benefits are that:

you'll get a better understanding of the issues
you might sort the problem out without a Tribunal hearing
you could reach a solution on your own terms
a settlement can include things that won't be covered in a Tribunal judgment (like getting a good reference)

Employment Tribunals: an introduction

The conciliator

If you decide to use conciliation in your dispute then an impartial expert (known as a conciliator) will normally talk to both sides separately, as well as together if needed and encourage the two sides to come to an agreement between themselves.

The conciliator is impartial and independent (so they are not on anyone's side, and have nothing to gain), and your discussions are confidential. They will try to help you make your thoughts clear, and look at ideas you may have for sorting out the problem.

A trained conciliator:

talks through the issues with each side
explains the legal issues involved
looks at opportunities for settling the case
helps you and your employer agree a legally binding agreement

This is different from mediation, where the impartial expert (known as a mediator) will often suggest their own solution.

Settlements reached through conciliation

Another form of legally binding settlement is a 'compromise agreement'. These agreements are used where Acas is not involved. There are strict requirements on a compromise agreement - putting it down in writing and signing it isn't enough. For this to be effective it must be in writing, relate to your claim and you must have taken specialist advice from someone who has appropriate insurance, usually a lawyer.

With either form of legally binding agreement you'll no longer be able to pursue your Employment Tribunal claim.

Employment Tribunals: an introduction

It is always up to you whether you accept a settlement. Your employer may sometimes put a lot of pressure on you to accept (for example, they may say that you'll get nothing if you don't accept an offer there and then) but you should remember that you always have the choice.

Settling is usually easier than going to an Employment Tribunal but the amount you get may be less, and your employer might attach conditions (for example, a confidentiality agreement). If you are not sure whether to accept an offer, consider getting specialist advice.