acas conciliation

[redrose80]

So I submitted my acas conciliation form on 4th August and I still don't have my certificate yet. I did phone them and they said they would send it to my union rep who doesn't have it either. My union rep said the conciliator only spoke to her (my rep) once and said as the grievance process is still ongoing, then conciliation couldn't really take place or words to those effect. But my rep and I don't understand why 2 months later I still haven't gotten my certificate through yet. So I'm confused - could this mean I'm out of time for my tribunal claim or am I still in time because conciliation hasn't ended in that I don't have my certificate yet? My claim would be for discrimination and the grievance process has been dragging on for literally 7 months with no resolution in sight. The discrimination continues however with regards to comments made, inappropriate emails, failure to make adjustments etc. I just wondered if it is normal for the acas process to take this long as I thought it could only take 6 weeks max?

You need to lodge your discrimination claim within 3 months of the last occurrence of any discrimination, so if it's still ongoing, and your grievance is still ongoing, then you aren't out of time. You can put last date of discrimination as being Friday's date, if that's when you are stating it's still happening.

they said they would send it to my union rep who doesn't have it either

It isn't clear from this if the EC has now ended, has a certificate been raised? Or are they saying they will send it - that will only happen if they've exhausted the EC process and no further progress will be made. You or your Union need the ACAS negotiator to confirm what stage EC has actually reached.

Also work with your Union to agree the timescales accurately.

1. Last date of discrimination (if you say it's "ongoing" it's legitimate to pick a date in Sept/October)
2. First date when EC commenced (clock stops for up to 4 weeks)
3. Any extension (additional 2 weeks, clock still stops)
4. Final date of EC
5. Date to lodge Tribunal Claim ET1 form

It doesn't sound like you're in danger of timing out, but get the above dates clearly mapped out so you know what timescale to work to.

Point 5, ensure you have the EC certificate # for the ET1 form to be submitted.

I can't remember if they said they would send it or if they have, I'll try to call them again tomorrow.

Its been more than 6 weeks though so surely it should have come through by now.

I have no idea what discussions, if any, have taken place. I suspect none as the grievance process is ongoing but we do intend to lodge an ET1

Please bear in mind, these processes (Grievance, EC, Tribunal) may not be designed to exhaust and frustrate you, but your adversary (your employer) will make certain they drag things out for as long as they can, to the bitter end.

Conserve your energy, don't be at all surprised by all these delays, they are part of the process. They are hoping you will give up and walk away.

Lean on your Union as much as possible. That's what you pay your subs for. They are there to chase and keep tabs on the situation, on your behalf.

yes my union are being great so far. Thanks to them quoting meikle v nottingham council I think it was, I've had my full pay continued until the end of the grievance process at least.

Going to chase up ACAS tomorrow though and find out what's going on.