Employee & Employer Have No Obligation to Talk
Just because it is mandatory for employees to inform ACAS about their intention to bring a claim it does not mean they are required to try and gain an ACAS settlement agreement. COT3 agreements are generally the desired outcome for an employer, but not in every case. If an employee is bringing a frivolous claim against you, you may wish to refuse the ACAS process, just as an employee may refuse to try and find a settlement with you.
Employees Making Multiple ACAS Conciliation Claims
If employees are making multiple ACAS claims, such as in the case if they are bringing equality complaints against an employer who has advanced a statutory defence, they will need to present separate early conciliation forms for each respondent who they hold responsible.
As An Employer, You Get Your Say in the Early Conciliation Process
When looking for early conciliation support for employers you may feel like you need to offer a settlement if contacted by ACAS, but this is not the case. The ACAS conciliator does not advise parties to accept any solutions nor impose their own judgements on the situation.