Individual Conciliation
The Agency has a statutory remit to attempt to seek the resolution of most infringements of employment rights, without the need for an industrial tribunal or Fair Employment Tribunal hearing. This process is called individual conciliation and covers employment rights conferred by the various legislative provisions. In all such cases Agency officers are available to help settle the allegations of infringement.
Agency officers help both parties in an impartial and independent way. They do not act as a representative of either party. It is the responsibility of the officer to help both parties become aware of the options open to them and enable them to reach informed decisions on how best to proceed.
The officer's role is to explain the tribunal procedure and the relevant law including, where possible, the way tribunals have approached similar cases in the past. The officer assists both parties establish the facts and clarify their views in order to help them to reach agreement. Where an individual has been dismissed the officer must first explore the possibility of reinstatement or of re engagement on suitable terms, before seeking to promote a monetary settlement. The officer cannot impose or even recommend a particular settlement whether by re employment or monetary settlement. The terms of settlement are the responsibility of the parties concerned.
The Agency's conciliation work is separate from that of the tribunals or any other organisation. Any information which either of the parties or their representatives gives to the officer during conciliation is treated as confidential and will not be disclosed to any other party without their agreement.
Conciliation does not prejudice the case at a tribunal nor will it delay arrangements for the tribunal. Since conciliation is voluntary either party is free to decline or discontinue Agency assistance at any stage. The person complaining may also, at any time, withdraw his/her application to the tribunal system.
If the complaint is not settled through conciliation or withdrawn or, in the case of alleged unfair dismissal referred to arbitration, a tribunal will hear and decide the case.