Conciliated settlements

* An ACAS officer does not have a duty to advise claimants or to ensure they understand the nature of all claims they are settling.

The facts

The issue in these two joined appeals was whether the claimants could pursue equal pay claims in a tribunal given that their claims had previously been settled with the assistance of an officer of the conciliation service ACAS.

The ruling

The Employment Appeal Tribunal (EAT) held that the claimants had entered into valid conciliation contracts when settling their claims, and this meant they could not bring equal pay claims in a tribunal.

An ACAS officer does not have a duty to give advice, evaluate the claims or ensure that the claimants understand the nature and extent of all their potential claims, the EAT said. In fact, an ACAS officer must never give advice as to the merits of the case.

Clarke and others v Redcar & Cleveland BC; Wilson and others v Stockton-on-Tees BC UKEAT/0407/0580/0621-0623/05 ([2006] IRLR 324)