ACAS Early Conciliation: What Employers and Employees Need to Know

Before most employment tribunal claims can proceed, employees must first go through ACAS early conciliation. This is a free and confidential process designed to help resolve workplace disputes without the time, cost and stress of formal litigation.

For both employers and employees, engaging with early conciliation in good faith can often lead to quicker, more practical and more amicable outcomes.

But what exactly does the ACAS conciliation process involve, and why is it often the smarter move?

ACAS early conciliation is a statutory process managed by ACAS, the Advisory, Conciliation and Arbitration Service. It gives employees and employers the opportunity to resolve a workplace dispute before an employment tribunal claim is submitted.

It applies to most employment-related disputes, including:

In most cases, an employee must notify ACAS before making an Employment Tribunal claim.

The early conciliation process is intended to be straightforward.

The employee, or their representative, submits an ACAS early conciliation form, usually through the online process. This starts the ACAS notification stage.

An ACAS conciliator will be appointed and will contact the employee (or their representative) and then the employer to see whether both sides are willing to discuss resolution.

The process is voluntary in the sense that ACAS cannot force either party to settle. However, notifying ACAS is mandatory before most Employment Tribunal claims can proceed.

If both parties agree to engage, ACAS will try to help the parties reach a settlement. The current ACAS early conciliation period can last up to 12 weeks.

Discussions may take place by phone or email. There are no formal hearings, and the conciliator is impartial, and will not decide who is right or wrong.

If an agreement is reached, it is usually recorded in a legally binding COT3 agreement.

If settlement is not reached, ACAS will issue an early conciliation certificate. This certificate is needed before the employee can submit most Employment Tribunal claims.

Tribunal litigation can be expensive, lengthy and stressful. ACAS conciliation gives the parties an opportunity to resolve matters before the dispute escalates.

For employers, this can help avoid an Employment Tribunal claim or reduce the issues in dispute. For employees, it may lead to a quicker outcome without the uncertainty of Tribunal proceedings.

ACAS conciliation discussions are confidential. They are also usually treated as without prejudice, meaning the content of settlement discussions cannot normally be relied on in Tribunal proceedings if conciliation fails.

This gives both sides space to discuss settlement through ACAS openly and realistically.

A Tribunal can usually award legal remedies, such as compensation. A negotiated ACAS settlement can be more flexible.

For example, an early conciliation settlement might include:

This flexibility can be particularly valuable where the employment relationship is continuing.

Where employees remain employed, workplace dispute resolution through ACAS can help preserve working relationships by resolving tensions at an earlier stage.

A negotiated outcome may be less adversarial than litigation and can allow both parties to move forward with greater clarity.

Employers should not ignore contact from ACAS. Responding to ACAS early conciliation constructively is not an admission of liability, it is an opportunity to assess the situation and consider whether early resolution is appropriate.

Employers should:

The ACAS early conciliation time limit rules are important and can be strict.

Normally, most Employment Tribunal claims must be submitted within three months less one day from the date of the issue being complained of (eg. the last discriminatory act, or the date of dismissal).

Starting ACAS early conciliation will pause the deadline for bringing a claim, but employees should not assume there will be plenty of time left after the certificate is issued. ACAS states that it is the employee’s responsibility to notify ACAS within the Employment Tribunal time limit.

Missing an Employment Tribunal deadline can mean losing the right to bring a claim altogether. Employees should therefore take advice promptly, particularly where the deadline is approaching.

ACAS early conciliation offers a valuable opportunity to resolve workplace disputes swiftly, privately and without the adversarial nature of Tribunal proceedings.

It is not only a legal requirement in most cases, but also a practical step towards efficient dispute resolution. For employers and employees alike, early advice can help clarify the strength of the claim, the risks of proceeding and the scope for settlement.

At Franklins Solicitors LLP, we help both employers and employees prepare for and navigate the ACAS early conciliation process, assess risks and negotiate fair outcomes.