ACAS Early Conciliation process

[Quirkyme]

Afternoon,

Has anyone here gone through the ACAS Early Conciliation process?

Did you involve ACAS while your grievance was under investigation, or did you wait until after? I’m considering the former.

What led you to purse early conciliation and how did it go?

If you initiated early conciliation during the investigation phase, did the agreement reached affect the investigation’s outcome? For example, did the individual you filed the grievance against avoid consequences due to a settlement?

@DumpsterBaby

Ok thank you, so does the conciliator get to see the grievance then? I'm more than willing to provide it to them

@DumpsterBaby

And thank you, I will check my building and car insurance tomorrow for sure

They may or may not ask for it. They’re there to try and facilitate a settlement outside of court and the formality can push some employers into doing so. But they won’t really engage with you that much. If you eventually file with employment tribunal you can detail everything there. Just
make sure the basics are covered eg. Type of claim and key dates.

@OneMoreTime23 out of interest have you ever done settlements in the public sector?

My experience is public sector which is different because it is tax payers money. There is central Government guidance which means a lot more go to ET than in the private sector.

About 75% of my career has been in public sector. Some of it central govt, but public sector is a lot broader than that. NHS is more prone to settle because the process is expensive and it takes money directly from patients. However, the majority of grievances didn’t result in conciliation and the majority of conciliation didn’t end in tribunal. Lots of people drop it once they go through the conciliation process because there is an aspect of realising that provided process was followed properly and they had been given the chance to explain what had happened to them, the odds of winning at tribunal were extremely slim. Fewer than 5% of constructive dismissal cases are successful.

Are you not in a union, OP?

@OneMoreTime23 thanks for the extra detail.

Hey, thank you for commenting. I appreciate it

Not anymore. In my experience, I haven't found them particularly useful in the past. I found they came along to meetings, but as a whole didn't really do anything that made much difference if they weren't there...

I just worry that you’re getting caught up in detail, which isn’t what a tribunal would be considering.

That's okay. I take on board all that's been said. I may be and just have Qs as this is my first time going through conciliation and what's been happening is very serious.

I think it's understandable that I'm coming from a slightly different perspective from you as my position in this is different to yours would be.

I appreciate your comments.

The problem is that the detail (as part of a grievance or tribunal claim) risks the actual issues being lost. You definitely need an impartial critical friend to review your complaint.

So the grievance is already submitted, I always have impartial friends review my grievances before submitting, and did in this case.

I understand your concern but I'm simply asking Qs, and haven't actually submitted the EC form yet. I understand all that's been said.

I'm not able to put a lot of detail in the form anyway, at least not any that will detract from the issues, as it's only 800 characters.

We will also discuss the issue with concillliators.

Eg: concilliator: X says they are being bullied by their manager and discriminated against. They want £40k as a settlement.

my team: X’s clinical competence has been a concern for a while. Their manager has tried to return X to a place where we can be confident that patients are safe. Eg retraining, coaching, buddying etc. We can’t have people giving unsafe care to patients. X has refused to engage and was warned that not doing so would lead to disciplinary action as they are contractually required (by us and their regulating body) to maintain their competence. They are unhappy with the process but this would be the process for anyone whose clinical practice caused concern. It’s all documented.

concilliator: £40k seems steep in light of that. Do you want to think about what you might offer?

my team: £3k (mainly to avoid the hassle).

Your example isn’t discrimination. The OP’s grievance is. Also unsure where capability comes into it, unless they have documented evidence she had capability issues. The onus is on them to prove that, if there are any.

It’s an example. I’ve no idea what the OP’s grievance is. It’s an example of how the discussion goes with ACAS from the employer’s side.

(I’d say 80% of grievances claiming discrimination aren’t.)

Just to say, in case anyone's interested. I haven't submitted the form yet, but I received an email inviting me to a "without prejudice" conversation to discuss a "confidential settlement proposal".

Interesting. Do you understand what that means?

I agree it’s very interesting.

I’m just following your thread as I am currently going through the same thing with LG employer.

It’s really true that LG HR department and senior management has not got a clue about employment law.

I’m planning to take them to Tribunal as the relationship has been broken inevitably. I can’t see myself working for an Employer that made my life a living hell for nearly a year.

The head of HR whom I submitted my formal grievance to ( as the grievance was against the senior management) She decided she can downgrade my formal grievance without informing me. She didn’t follow any of the company grievance procedures or follow Acas code at all. When I challenged her, she said my grievance was dealt with informally hence she didn’t follow any of the grievance policy.

Due to my poor health, I don’t want to stress myself doing this on my own. I have got an employment solicitor involved right after my grievance was badly dealt with.

My solicitor has initiated EC with Acas on my behalf but I think being LG, they like to drag their heels until we give up. I have asked my solicitor to raise ET now as I want this chapter of my life to be closed as soon as possible so I can focus on getting better.

Good luck with yours.

@Lotusflower83

Hey fellow LG worker, it's really a bag of shit working for one isn't it. I won't be doing it ever again.

Yours sounds like a right old mess, typical LG. I totally agree about them dragging their heels so you can give up. They're notoriously known for not taking grievances seriously and/or dragging their feet about it, especially when it's about senior management. Totally corrupt.

I'm currently in the negotiating stage, they're still making a mess of things and not really following correct procedure, so it just doesn't stop really. I've now got a lawyer involved. Counting the days for when it's all finalised.

Like you, I'm still fully prepared to go to tribunal if they balls this up further.

Good luck again, we'll hopefully soon be free.

Makes three of us here with LG and cases, not following the correct procedures and totally dragging heels.

I’ve also submitted and willing to go to tribunal. If there is one thing I have going for me it is sheer stubbornness.

Good luck, all!

I am the same 😂. Its all about the principle.

quick update: my solicitor has submitted the claim to ET today.

Best of luck to the three of us and anyone else that are going through the same thing.

So to update for anyone who comes across this and thinking WTF.

I have agreed settlement. I can't talk about the specifics of it but I can say it's a years worth of peace of mind, excellent reference and probably a fairly large amount of therapy needed.

Things that helped was I had an extensive paper chain. My lawyer was chuckling when I presented him with the info. He said it's always remarkable what people are silly enough to put in writing.

This is first and hopefully last time I ever have to go through this process. And I'm not gonna lie it's been LONG and stressful process, I can only speak for myself but I have found it a really disheartening process people show their colours under pressure good and bad. I feel very naive, I certainly was when I raised it in good faith. I didn't want to end up here.

I didn't want to whistleblow, people assume all types of bollocks when you mention raising a grievance or whistleblowing. Like the default is you're a trouble maker or wanting a payout.

The sad matter of fact is that it takes people a massive amount of courage to do this type of thing. Esp what I reported, and I really am your average Jane. I'm not loud or someone who is looking for a pile of cash, I wanted to do a good job and come home

. I was just someone who saw something, reported it and faced discrimination because I was trying to do the right thing.

Even though it's against law- it's frightening how so many people forget that fact.

Also if anyone still has ambitions into go into local government. Don't.

Wooooo. Well done.

I almost wanted to say congrats, but I know you've been through a lot to even be at this point so it seems out of place. But I know it's a relief that you're done done done.

I'm so glad that you mentioned therapy too, because it's important. I'm happy for you. I hope you can look after yourself and recover, and enjoy this time and your cushion in the bank somewhat.

I'm glad you had an extensive chain, I do too. I'm sending mine to my lawyer next week, your lawyer is right. It's absolutely ridiculous what some people put in writing, it's like they're so blinded by their hate that they lose all damn sense.its honestly madness. I have lots and lots of evidence.

It makes for a strong case doesn't it.
My lawyer's going for a similar outcome as yours.

Bless you.

Wishing you all the best.

And no doubt that anyone who sees this thread with rightfully be put off LG.