Section 18B — Employment Tribunals Act 1996: Conciliation before institution of proceedings: other ACAS duties

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.