NI: Employment tribunal claimants to be required to consider early conciliation

NI: Employment tribunal claimants to be required to consider early conciliation

Employment tribunal claimants in Northern Ireland will have to consider the option of early conciliation before formally lodging their claim under a law taking effect later this month.

From 27 January 2020, 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.

At present, the LRA makes contacts with parties to offer conciliation after a claim is lodged with the tribunal.

Under the new regime, 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 will also have 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.

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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