What Is ACAS Early Conciliation and When Is It Required?

What is ACAS Early Conciliation?

ACAS Early Conciliation acts as an impartial mediator between you and your employer to negotiate a settlement. Introduced under the Enterprise and Regulatory Reform Act 2013, it became mandatory from 6 May 2014 for most tribunal claims. The service aims to facilitate voluntary agreements, often through phone discussions facilitated by an ACAS Early Conciliation Guidance officer.

Unlike tribunal proceedings, it is confidential and non-binding unless both parties agree to terms. For example, if you believe you have been unfairly dismissed, the officer might help negotiate a compensation package without admitting liability. This process promotes quicker resolutions and reduces the need for costly legal battles.

When is ACAS Early Conciliation Required?

You must complete acas early conciliation before presenting a claim to an employment tribunal for issues covered under section 18 of the Employment Tribunals Act 1996. This includes complaints like unfair dismissal, redundancy pay disputes, discrimination under the Equality Act 2010, and breaches of contract.

It is not optional; failing to obtain a conciliation certificate will lead to your tribunal claim being rejected. However, it applies only to the specific respondent named in the conciliation process. Real-world example: An employee dismissed for alleged misconduct must notify ACAS before suing for unfair dismissal.

How to Start ACAS Early Conciliation

To begin, complete the online form on the ACAS website or call their helpline at 0300 123 11 00. Provide details of your dispute, employer name, and contact information. ACAS will immediately issue an early conciliation certificate number and assign an officer.

The process starts the moment you contact ACAS, pausing your tribunal deadline. No fee is charged, and you do not need a lawyer. For instance, if facing discrimination, describe the incidents clearly to help the officer understand your case.

The ACAS Early Conciliation Process Step-by-Step

Once notified, the conciliation officer explains the process and contacts your employer. Discussions occur via phone, aiming for a settlement like compensation or reinstatement. The standard period is one month, extendable by two weeks if progress is made.

If agreement is reached, a legally binding COT3 form is signed. Otherwise, conciliation ends, and a certificate is issued. Example: In a wage dispute, parties might agree on back pay via this dispute resolution method.

• Contact ACAS and get certificate number.
• ACAS officer speaks to you and employer separately.
• Negotiate terms confidentially.
• Sign COT3 if settled, or receive certificate.

How ACAS Early Conciliation Affects Tribunal Time Limits

Most claims have a three-month limit from the incident. Contacting ACAS before expiry pauses the clock from the day after notification until one month after the certificate date. This extension facilitates conciliation without losing your right to claim.

For example, if your deadline is 1 June and you contact ACAS on 30 May, time stops until conciliation ends. Tribunals consider this under rules allowing extensions for conciliation. For more on unfair dismissal time limits the three-month rule explained, see here.

What is a Conciliation Certificate?

Issued automatically when conciliation concludes without settlement or upon request if settled differently. It includes a unique number proving you completed the ACAS mandatory stage. Without it, your tribunal form ET1 will be invalid.

The certificate does not admit fault; it simply allows progression. In practice, employees use it to submit claims online via Make a Claim to Tribunal.

Exceptions: When ACAS Early Conciliation is Not Required

Exceptions include claims for redundancy payments where the employer is insolvent, equal pay for work of equal value in some cases, and appeals against improvement notices. Check ACAS guidance or GOV.UK for your specific situation.

If unsure, starting conciliation does no harm as it protects your deadlines. For instance, National Minimum Wage arrears under certain conditions may not require it. For more on acas early conciliation essential steps for employment tribunal claims, see here.

Benefits of Engaging in ACAS Early Conciliation

Over 70% of cases settle at this stage, avoiding tribunal stress and costs. Settlements via COT3 are binding and confidential. It also clarifies your case before tribunal if needed.

Employees appreciate the neutral support, making dispute resolution accessible without lawyers.