CA-2025-000379 - [2025] EWCA Civ 1357

The Early Conciliation Regulations are the primary regulations made by the Secretary of State pursuant to section 18A (11). So far as relevant for our purposes, they do two things.

First, regulation 3 provides for certain exemptions in accordance with section 18A (7). The interim relief exemption appears in paragraph (1) (d).

Second, Schedule 1, given effect by regulation 5, contains the “Early Conciliation Rules of Procedure”. These put flesh on the bones of the process required by section 18A (1)-(3). The only material provisions for our purposes are paragraphs 7-9, which, pursuant to section 18A (4), require ACAS, if a settlement of the dispute does not result within six weeks, or earlier if it concludes that settlement is impossible, to issue and send the claimant an ECC. Importantly, paragraph 8 (d) provides that the ECC must include a “unique reference number”, being the ECN referred to above.