You asked
Does ONS in its response to staff claims made in Employment Tribunals have a policy on whether or not to engage in discussions with the Claimant through the mediation of ACAS?
Is there a general policy or is it determined by the individual case? If it is a general policy, what is it?
How many cases have there been in the period March 2019 to 1 November 2020?
How many of these cases were based on the Equality Act 2010?
How many Equality Act cases were referred to ACAS?
Were these decisions to refer/not refer made with reference to the Public Sector Equality Duty and the decision duly recorded? Please evidence at least two such decisions.
We said
Thank you for your request. Please see the following answers to your questions.
1. Does ONS in its response to staff claims made in Employment Tribunals have a policy on whether or not to engage in discussions with the Claimant through the mediation of ACAS?
2. Is there a general policy or is it determined by the individual case? If it is a general policy, what is it?
In answer to questions 1 and 2: the Office for National Statistics (ONS) fully complies with the ACAS early conciliation process for all cases. Therefore, we do not have a specific policy in relation to the ACAS early conciliation process, which is a mandatory step prior to any submission of an Employment tribunal claim. ACAS early conciliation is not the same as a mediation process.
3. How many cases have there been in the period March 2019 to 1 November 2020?
15 Employment tribunal claims were received in the period referenced.
Please note that while the question has referenced "cases", for completeness, the number of claims received has been provided, irrespective of:
whether the claim has reached a tribunal hearing,
success at tribunal or whether the claim was subsequently withdrawn.
4. How many of these cases were based on the Equality Act 2010?
Nine of these claims have referenced a protected characteristic defined under the Equality Act 2010.
Please note that while the question has referenced "cases", for completeness, the number of claims received has been provided, irrespective of:
whether the claim has reached a tribunal hearing,
success at tribunal or whether the claim was subsequently withdrawn.
5. How many Equality Act cases were referred to ACAS?
6. Were these decisions to refer/not refer made with reference to the Public Sector Equality Duty and the decision duly recorded? Please evidence at least two such decisions.
In answer to questions 5 and 6: To lodge an Employment tribunal claim, all claimants are required to obtain an ACAS early conciliation certificate, irrespective of the nature of the claim. As stated, the ONS fully complies with the ACAS early conciliation process for all cases.