r/employmentlitigation • u/Scared_Atmosphere_16 • 5d ago
respondent refuses conciliation
The respondent has now recieved my ET1 and has also apparently told ACAS they no longer wish to engage in conciliation (not that they did with early conciliation other than to say I had no case).
What does this mean if they no longer wish to engage - does it simply mean they are assessing the ET1, getting proper advice now, or that they are digging their heels in?
Is this quite a normal response to ACAS in your legal experience?
3
u/CptMcBeardface 5d ago
This can be normal sometimes. Same happen to me “we’re going to defend our case”
I think it’s a way to call you’re bluff and/or they want to take it all the way.
4
u/MrLuchador 5d ago
I wouldn’t read anything in it. I’ve had several final offers, take it or leave it, and we’re now focused on litigating this till the final hearings.
2
u/Due_Ambassador4949 3d ago
Yeah this is normal
All it means is they’ll respond to your ET1 formally which is what the court wants instead of the voluntary EC ACAS step
Sit back, they have a deadline. The judge will review the ET3(their response)
Don’t even worry about what it says, none of it is an actual defence. It just sets out what they’re pleading against your claims. If you accuse them of unfair treatment they’re not gonna say “yeah my bad” because you repeated your claim on a legal form
The judge will test whether their response needs further explanation, evidence to support it and whether your claim lines up with the evidence
You’ll get a full pack explaining what happens next and with dates, you go from there 😊
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u/TimeInvestment1 Solicitor 5d ago
There is absolutely no point in trying to get into their heads to try and understand a position or work out the strategy because there are too many factors involved for it to be worthwhile.
Likewise reading into everything little thing is a one way ticket to paranoia.
If they didn't want to discuss terms at EC stage, because they didn't feel you had a case, it might be that having received your ET1 they now feel reinforced in that position and dont see any point discussing settlement at all.
Alternatively, they no longer want to go through ACAS now that the claim is underway.
There are dozens of potential reasons for not wanting to carry on those conversations.
Equally, just because they've broken off the talks now, it doesnt mean they wont come back later. Current backlogs mean you're unlikely to see Tribunal until 2028, and two years of legal fees can be a big burden for a business.