Q&As

Is correspondence with Acas during early conciliation without prejudice, or can it be used as evidence in an employment tribunal claim?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Employment expert
Published on: 17 May 2023
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Under section 18(7) of the Employment Tribunals Act 1996 (ETA 1996), anything communicated to an Acas conciliation officer in connection with the performance of the officer’s functions under ETA 1996, ss 18A–18C is not admissible in evidence in tribunal proceedings, except with the consent of the person who communicated it to the officer.

ETA 1996, s 18(7) is not intended to render inadmissible evidence which could have been given if there had been no communication

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