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The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014

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Exemptions from early conciliation

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3.—(1) A person (“A”) may institute relevant proceedings without complying with the requirement for early conciliation where—

(a)another person (“B”) has complied with that requirement in relation to the same dispute and A wishes to institute proceedings on the same claim form as B;

(b)A institutes those relevant proceedings on the same claim form as proceedings which are not relevant proceedings;

(c)A is able to show that the respondent has contacted ACAS in relation to a dispute, ACAS has not received information from A under section 18A(1) of the Employment Tribunals Act in relation to that dispute, and the proceedings on the claim form relate to that dispute;

(d)the proceedings are proceedings under Part X of the Employment Rights Act 1996(1) and the application to institute those proceedings is accompanied by an application under section 128 of that Act(2) or section 161 of the Trade Union and Labour Relations (Consolidation) Act 1992(3); or

(e)A is instituting proceedings against the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.

(2) Where A benefits from the exemption in paragraph (1)(a), the requirement for early conciliation shall be treated as complied with for the purposes of any provision extending the time limit for instituting relevant proceedings in relation to that matter.

(2)

Section 128(1) was amended by S.I. 2010/493.

(3)

Section 161 was amended by the Employment Relations Act 2004 (c. 24), Schedule 1, paragraph 12.

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