NI: Employment tribunal claimants now required to consider early conciliation

NI: Employment tribunal claimants now required to consider early conciliation

Employment tribunal claimants in Northern Ireland now have to consider the option of early conciliation before formally lodging their claim.

Early conciliation has come into effect as of today, meaning that anyone who wishes to lodge a claim with the Industrial Tribunal or Fair Employment Tribunal must first notify the Labour Relations Agency (LRA) to discuss the option of early conciliation.

Claimants do not need to agree to take part in early conciliation, but they will be required to hear an explanation of the system and consider using it to find a legally binding settlement.

There are a small number of exceptions where individuals can go straight to tribunal, for instance where multiple claims have been submitted and one of the claimants has already obtained an early conciliation certificate.

The time limit on bringing a claim to tribunal – usually within three or six months of the alleged incident or behaviour – will be paused for a month when an early conciliation notification is made.

The conciliation officer also has the power to pause the time limit for a further 14 days providing there is a reasonable prospect of an agreement and that both parties agree.

Announcing the changes earlier, LRA chief executive Tom Evans said: “Early conciliation is about more than just a change in process. It represents a valuable opportunity to bring cultural change in how workplace disputes are resolved in Northern Ireland.

“We know that early engagement is the most effective way to resolve workplace problems, before parties become embroiled in an often bitter, legal confrontation. All too often that approach destroys any hope of repairing the working relationship and can leave employers and employees alike significantly out of pocket.”

In 2018, the LRA dealt with 4,500 cases about individual employment rights and only eight per cent proceeded to tribunal.

Mr Evans said: “For those that reach a conciliated agreement, there are numerous benefits compared with going through a tribunal, including the privacy of the process, lack of fees, speed and control over the content of the settlement. There are also benefits for the labour market and economy with fewer costs and losses in productivity.”

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