ACAS Early Conciliation
What is ACAS early conciliation? Understand the mandatory process before bringing an employment tribunal claim.
Last updated: 30 January 2025
ACAS early conciliation is a mandatory step before most employment tribunal claims that can help resolve disputes without a hearing.
What Is ACAS?
About ACAS
Advisory, Conciliation and Arbitration Service:
- Independent public body
- Provides workplace advice
- Offers conciliation services
- Free to use
Role in Disputes
ACAS helps:
- Prevent disputes
- Resolve disputes
- Settle potential tribunal claims
- Reduce tribunal workload
The Early Conciliation Process
How It Works
- Contact ACAS - online or by phone
- Provide details - about dispute and parties
- ACAS contacts employer - if you consent
- Conciliation - ACAS facilitates discussions
- Outcome - settlement or certificate issued
Timeline
| Stage | Timeframe |
|---|---|
| Initial period | Up to 1 month |
| Extension | Additional 14 days (if progress being made) |
| Total maximum | Up to 6 weeks |
| Certificate issued | At end of process |
Why It's Mandatory
Legal Requirement
For most claims, you must:
- Contact ACAS before tribunal claim
- Obtain early conciliation certificate
- Submit certificate with claim form
Exceptions
Very limited exceptions:
- Certain interim relief claims
- Where ACAS involved in collective dispute
- Some death-related claims
Benefits of Conciliation
For Claimants
| Benefit | Explanation |
|---|---|
| Free | No cost to use |
| Quick | Faster than tribunal |
| Confidential | Discussions private |
| Flexible | Any outcome possible |
| Control | You decide whether to settle |
For Employers
| Benefit | Explanation |
|---|---|
| Avoid tribunal | Save time and costs |
| Confidential | No public hearing |
| Certainty | Final settlement |
| Relationships | May preserve goodwill |
| Control | Input into outcome |
Starting Conciliation
How to Contact ACAS
- Online: www.acas.org.uk/early-conciliation
- Phone: 0300 123 1100
- Text relay: 18001 0300 123 1100
Information Needed
- Your details (name, contact)
- Employer details (name, address)
- Nature of dispute
- Employment dates
- What you're claiming
Day 1
Clock starts when ACAS receives your notification:
- Time limit stops running
- You're in "conciliation period"
The Conciliation Period
What Happens
- ACAS assigns conciliator
- Conciliator contacts you
- Asks if you consent to contacting employer
- If yes, contacts employer
- Facilitates settlement discussions
Conciliator's Role
The conciliator:
- Doesn't take sides
- Doesn't judge the merits
- Facilitates discussions
- Suggests solutions
- Helps reach agreement
Your Options
You can:
- Engage actively with conciliation
- Decline to participate
- Settle if terms agreed
- Walk away and claim
Possible Outcomes
Settlement
If you reach agreement:
- Terms documented
- Usually legally binding
- Waives tribunal rights
- Dispute resolved
No Settlement
If no agreement:
- Certificate issued
- Free to file tribunal claim
- Time limit protection applies
- No admission from failure to settle
Time Limit Extension
How It Works
When you contact ACAS:
- Tribunal time limit pauses
- Conciliation period runs
- After certificate, at least 1 month to file
- Even if original deadline passed
Calculation
Example:
- Dismissal date: 1 January
- Normal deadline: 31 March (3 months less 1 day)
- Contact ACAS: 20 March
- Certificate issued: 17 April
- New deadline: At least 17 May
The Rules
- Must contact ACAS before original deadline
- Get at least 1 month from certificate
- Or remainder of original period if more
The Certificate
What It Contains
- Unique reference number
- Your details
- Employer details
- Date issued
- Required for tribunal claim
Using the Certificate
When filing ET1:
- Include certificate number
- Attach certificate if possible
- Match details to certificate
Common Questions
Can I refuse conciliation?
Yes, you don't have to engage:
- But must still get certificate
- Conciliator will issue certificate if no engagement
- Miss opportunity to settle
Can employer refuse?
Yes:
- Employer can decline to participate
- Certificate still issued
- You can proceed to tribunal
- ACAS can't force participation
What if we can't agree?
Certificate issued if:
- No settlement reached
- Either party withdraws
- Time limit reached
- Conciliator decides not possible
Is it confidential?
Yes:
- Discussions are confidential
- Can't be used in tribunal
- Without prejudice principles apply
- Safe to explore options
Tips for Success
Preparing
Before conciliation:
- Know what you want
- Understand your claim
- Consider your bottom line
- Be realistic
During Conciliation
| Do | Don't |
|---|---|
| Be honest about goals | Misrepresent your position |
| Listen to suggestions | Dismiss out of hand |
| Consider offers carefully | Accept without thought |
| Ask questions | Miss opportunities |
Reaching Settlement
If settlement offered:
- Understand the terms
- Consider getting advice
- Check what you're giving up
- Get it in writing
After Conciliation
If Settled
- Document the agreement
- Usually a COT3 form (ACAS settlement)
- Legally binding
- Claim rights waived
If Not Settled
- Receive certificate
- Note the reference number
- Calculate new deadline
- File ET1 if proceeding
COT3 Agreements
What Is a COT3?
Settlement reached through ACAS:
- Binding without independent advice
- Records terms agreed
- Waives tribunal claims
- Enforced like contract
Compared to Settlement Agreement
| COT3 | Settlement Agreement |
|---|---|
| Through ACAS | Direct negotiation |
| No legal advice required | Legal advice required |
| Any stage of dispute | Usually before/during claim |
| ACAS records terms | Solicitor drafts |
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Frequently Asked Questions
- What is ACAS early conciliation?
- ACAS early conciliation is a mandatory free service you must use before bringing most employment tribunal claims. An ACAS conciliator tries to help you and your employer reach a settlement without going to tribunal.
- Is ACAS early conciliation mandatory?
- Yes, for most employment tribunal claims. You must contact ACAS and get an early conciliation certificate before you can file a claim. There are very limited exceptions.
- Does ACAS early conciliation extend time limits?
- Yes. Starting ACAS conciliation 'stops the clock' on tribunal time limits. Once conciliation ends, you get at least one month to file your claim, even if the original deadline has passed.