ACAS Early Conciliation: Essential Steps for Employment Tribunal Claims

Facing a workplace dispute and considering an employment tribunal claim? You must complete ACAS early conciliation first to avoid your claim being rejected.

Understanding ACAS Early Conciliation in Employment Disputes

ACAS early conciliation is a mandatory first step for most people bringing employment tribunal claims in the UK. It provides an opportunity to resolve workplace disputes without going to a full tribunal hearing, saving time and stress. This guide explains the essential steps, ensuring you handle it correctly as a litigant in person.

Whether your issue involves unfair dismissal, discrimination, or unpaid wages, understanding ACAS early conciliation helps protect your worker rights UK-wide. Introduced under section 18A of the Employment Tribunals Act 1996, it pauses tribunal time limits while conciliation occurs.

By following these steps, you can navigate the ACAS procedure effectively and obtain the early conciliation certificate needed to proceed.

What is ACAS Early Conciliation?

ACAS early conciliation is a free service offered by the Advisory, Conciliation and Arbitration Service to help settle employment disputes before tribunal.

ACAS early conciliation involves an impartial conciliator contacting both you and your employer to explore settlement options. It is confidential and aims at workplace dispute resolution without court involvement. For example, if dismissed unfairly, the conciliator might negotiate compensation.

The process is voluntary for your employer, but completing it is required for your tribunal claim. It typically lasts one calendar month from the day you notify ACAS, known as Day A.

When is ACAS Early Conciliation Required for Employment Tribunal Claims?

It is required for most claims, including unfair dismissal, discrimination, and equal pay, but has exemptions.

You must undertake ACAS early conciliation before presenting claims to an employment tribunal under the Employment Rights Act 1996 or Equality Act 2010. This covers unfair dismissal processes, detriment, and redundancy disputes.

Exemptions include claims where the respondent is insolvent, multiple claimants over ten people, or national security cases. Always check if your claim qualifies to avoid delays.

• Unfair dismissal
• Discrimination and harassment
• Unpaid wages and holiday pay
• Redundancy pay disputes

How to Start the ACAS Early Conciliation Process

Contact ACAS promptly via phone or online to begin within tribunal time limits.

To initiate ACAS early conciliation, complete the online notification form on the ACAS website or call their helpline at 0300 123 11 00. Provide details of your dispute, employer, and desired outcome.

ACAS assigns a conciliator who contacts your employer within days. Day A is the day ACAS receives your notification. Act quickly if nearing time limits.

1. Gather dispute details: dates, employer info, what happened.
2. Notify ACAS online or by phone.
3. Receive confirmation and conciliator assignment.
4. Participate in discussions.

What Happens During ACAS Early Conciliation?

The conciliator facilitates talks; it lasts up to one month, extendable.

During ACAS early conciliation, the conciliator speaks separately to both parties to gauge settlement willingness. Discussions cover compensation, references, or agreements to drop the claim.

The standard period is one month from Day A, but can extend by up to two weeks if settlement seems possible. Nothing is binding unless you sign a COT3 agreement.

Obtaining and Using the Early Conciliation Certificate

Issued when conciliation ends; required for your tribunal form.

ACAS issues an early conciliation certificate automatically if no settlement, you opt out, or time expires. It includes a unique number essential for your tribunal claim.

Include this number on your ET1 form when filing employment tribunal claims. Without it, your claim may be rejected.

How ACAS Early Conciliation Affects Tribunal Time Limits

It pauses standard three-month limits, extending your deadline.

Most tribunal time limits are three months less one day, like for unfair dismissal from effective termination date. ACAS early conciliation pauses this: the period from Day A to one month after certificate issue (Day B) does not count. For more on unfair dismissal time limits, see here.

Calculate carefully; use ACAS tools or seek advice. For instance, if two months left when starting, you gain the EC period back. For more on limitation deadline calculator, see here.

1. Note qualifying date (e.g., dismissal date).
2. Start EC before limit expires.
3. Time limit becomes last day + (Day B – Day A + 1 month).

Common Mistakes to Avoid in ACAS Early Conciliation

Overlooking time limits or skipping steps can bar your claim.

Many litigants in person forget to start ACAS early conciliation early enough, missing extended limits. Others fail to include the certificate number correctly.

Do not discuss settlement terms without conciliator guidance, and keep records of communications.

• Starting too late
• Incorrect certificate details
• Ignoring exemptions
• Missing extended deadline

Mastering ACAS Early Conciliation for Successful Claims

ACAS early conciliation is a crucial gateway to employment tribunal claims, promoting fair workplace dispute resolution. By following these essential steps, you safeguard your rights and avoid procedural pitfalls.

Always verify time limits and certificate details. This process not only attempts settlement but ensures your claim is tribunal-ready.

Empower yourself with knowledge for stronger litigants in person outcomes.