EMPLOYEES looking to use the new ACAS pre-claim conciliation service need to be careful, a Worcester employment expert has warned. Helen Moore of Quality Solicitors Gordon Lutton said that although the scheme appears sensible there could be problems.

"Employees must be aware that the challenges for safely lodging employment tribunal claims are increasing," she said. "The time allowed for lodging a claim is already very short. The conciliation period stops the limitation clock for between four to six weeks. If conciliation fails the issue of how much time is left to lodge your claim is far from straight forward.

‘It is therefore absolutely vital that claimants take advice during the conciliation process to ensure that they are not undersettling or that they understand what happens if conciliation fails. Failing to lodge a claim on time will render the claim invalid and out of time. If you’re out of time then that’s it – game over. I"t is however anticipated that conciliation will assist resolution for the smaller claims. The general feeling is that an employer is not going to hand over hard cash without either having had the opportunity of considering properly constructed legal arguments or taking legal advice themselves.

"While the objective is to reduce litigation and solicitors involvement, we do question whether in fact it will do opposite of what it is trying to achieve Time will tell.

In the meantime, anyone considering taking legal proceedings against their employer or former employer would be well advice to take professional advice."