Where a complaint has been presented to an industrial tribunal under section 63, or under section 2(1) of the Equal Pay Act 1970, and a copy of the complaint has been sent to a conciliation officer, it shall be the duty of the conciliation officer—
(a) if he is requested to do so both by the complainant and the respondent, or
(b) if, in the absence of requests by the complainant and the respondent, he considers that he could act under this subsection with a reasonable prospect of success,
to endeavour to promote a settlement of the complaint without its being determined by an industrial tribunal.
Where, before a complaint such as is mentioned in subsection (1) has been presented to an industrial tribunal, a request is made to a conciliation officer to make his services available in the matter by a person who, if the complaint were so presented, would be the complainant or respondent, subsection (1) shall apply as if the complaint had been so presented and a copy of it had been sent to the conciliation officer.
In proceeding under subsection (1) or (2), a conciliation officer shall where appropriate have regard to the desirability of encouraging the use of other procedures available for the settlement of grievances.
Anything communicated to a conciliation officer in connection with the performance of his functions under this section shall not be admissible in evidence in any proceedings before an industrial tribunal except with the consent of the person who communicated it to that officer.