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Employment Law - What is ACAS early consideration?

Posted: 22nd April 2021

The Advisory, Conciliation and Arbitration Service (ACAS), is a non-departmental public body which provides free advice to employers, employees and their representatives. ACAS can help resolve conflicts in the workplace.

If you believe you have grounds to bring a claim against your employer/former employer in respect of a workplace dispute, you MUST informed ACAS before making a claim to an employment tribunal.

ACAS will then offer you 'early conciliation'. This is the formal procedure in which ACAS will attempt to speak with you and your employer about the dispute with the aim of helping the parties reach an agreement.  The early conciliation process used to last for 4 week however, it was recently extended to 6 weeks.

If you cannot reach an agreement then ACAS will issue you with a certificate to prove that you have attempted early conciliation.

You can then issue a claim at an employment tribunal.

A tribunal claim MUST be issued within 3 months less 1 day from the date of dismissal or the date the dispute arose. This time frame can be suspended during the ACAS early conciliation process. Calculating the time limits relevant to your claim can be complex and you should seek legal advice at the earliest opportunity, in order to protect your position.

If you miss the deadline for issuing your claim at a tribunal, it is only in rare and exceptional circumstances, that you would be granted permission to file your claim out of time. Originally if you miss the deadline to issue your claim, you would not be granted an extension of time.

This article is intended for general information purposes only and should not be relied upon in place of specific legal advice. If you have an employment related query then please do not hesitate to contact our litigation team for advice and assistance.

 


LANDLORD REMINDER

Posted: 23rd March 2021

STATUTORY REQUIREMENT TO PROVIDE ALL EXISTING TENANTS WITH AN ELECTRICIAL SAFTEY CERTIFICATE BY 01 APRIL 2021

On 01 June 2020 the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 were introduced which now require you to have the electrical installations in your rental properties inspected and tested by a person who is qualified and competent, at least every 5 years. You must provide a copy of the electrical safety report to your tenant, and to in some circumstances to your local authority if requested. The report must be provided to your tenant within 28 days of the test and inspection.

For new tenancies, entered into after the introduction of the regulations you must ensure your tenants have the certificate prior to tenancy commencing and for existing tenancies, you must ensure your tenant has a certificate no later than 01 April 2021.

Landlords who fail to comply with the regulations may face a civil penalty up to a maximum of £30,000, with the potential for multiple penalties to be imposed for a continuing failure.

The government has published a helpful guide for landlord which can be found here; Guide for landlords: electrical safety standards in the private rented sector - GOV.UK (www.gov.uk)

This article is intended for general information purposes only and should not be relied upon in place of specific legal advice. If you are a Landlord and are unsure of any of your legal obligations, please do not hesitate to contact our litigation team for advice and assistance.

 


COVID-19 SHIELDING UPDATE

Posted: 18th March 2021

 

From 01 April 2021, any person categorised as “extremely clinically vulnerable” by Public Health England, is no longer advised to shield. Guidance recently published provides that from this date;

 “Everyone is currently advised to work from home where possible. If you cannot work from home, you should go to work.”

Any person categorised as “extremely clinically vulnerable” will not be entitled to claim statutory sick pay as a result of previously being advised to shield.

 

This article is intended for general information purposes only and should not be relied upon in place of specific legal advice. If you have an employment related query then please do not hesitate to contact our litigation team for advice and assistance.


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