PART I

Employment Tribunals

Conciliation

Conciliation before institution of proceedings: other ACAS duties
18B
1
This section applies where—
a
a person contacts
ACAS
requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings against that person, and
b
ACAS
has not received information from the prospective claimant under section 18A(1).
2
This section also applies where—
a
a person contacts
ACAS
requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings by that person, and
b
the requirement in section 18A(1) would apply to that person but for section 18A(7).
3
Where this section applies a conciliation officer shall endeavour to promote a settlement between the persons who would be parties to the proceedings.
4
If at any time—
a
the conciliation officer concludes that a settlement is not possible, or
b
a conciliation officer comes under the duty in section 18A(3) to promote a settlement between the persons who would be parties to the proceedings,
the duty in subsection (3) ceases to apply at that time.
5
In subsections (3) and (4) “
settlement
” means a settlement that avoids proceedings being instituted.
6
Subsection (9) of section 18A applies for the purposes of this section as it applies for the purposes of that section.
Words in part heading substituted (1.8.1998) by 1998 c. 8, s. 1(2)(b) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Ss. 18A, 18B inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 7(1), 103(1)(i)(3); S.I. 2014/253, art. 3(a)(b) (with arts. 4, 5)
S. 12A applied (with modifications) by 1992 c. 52, s. 138(2A) as inserted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 3 para. 1 (with s. 24(5)); S.I. 2014/253, art. 3(h)