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Can you explain non-ET1 agreements and what are the main features of conciliation?

Posted in : Seamus Says - Employment Law Discussion on 8 August 2018
Seamus McGranaghan
O'Reilly Stewart Solicitors

Q: "Can you explain non-ET1 agreements and what are the main features or benefits of conciliation?"

Seamus: The usual process is that you would contact the Labour Relations Agency, and you would advise them that you're at the stage where you're wanting to enter into a non-ET1 agreement. The Labour Relations Agency will, in general, take some details down.

They will make sure that there is some form of consideration passing between the parties. They will facilitate a meeting normally where both parties attend with the Labour Relations Agency. There will be a document produced, which is very similar to the conciliated agreement. But instead, it's called a non-ET1 because it's in advance of any proceedings being issued.

Scott: And the ET1 is the claim form that you use in a tribunal hearing.

Seamus: Yes. That kicks the proceedings off. The Labour Relations Agency will assist, but don't expect them to turn something around for you within 24 or 48 hours. You do need to give them notice. You need to be fair to them. They have a lot on. Usually within a week, 7 to 10 days, they'll have you down. They will provide advice. So they act as the advisor almost. They do provide advice to the employee. If the employee is happy to sign the agreement after that, then both parties sign the agreement, and it's legally binding as well.

Scott: And the employee loses all their rights to continue with their claim in return for whatever they've agreed to . . .

Seamus: Whatever the consideration is, yes.

Scott: I believe there's been some problems with the sound here. So we'll listen back to the recording and find out what we can do. We may have to do something extra for those listeners who have lost a bit of the sound there. I think it's to do with the Wi-Fi connection, but we'll see what we can do.

 

This article is correct at 03/08/2018
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Seamus McGranaghan
O'Reilly Stewart Solicitors

The main content of this article was provided by Seamus McGranaghan. Contact telephone number is 028 9032 1000 or email seamus.mcgranaghan@oreillystewart.com

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