ACAS Conciliation Process
Before most Employment Tribunal claims can be issued, you must notify ACAS Early Conciliation. This process offers an opportunity to resolve workplace disputes without going to a tribunal, and can often lead to earlier and more cost-effective resolution.
This page explains how Early Conciliation works, what it means for you as an employee, and how to use the process effectively.
What Is ACAS Early Conciliation?
ACAS Early Conciliation is a free service offered by the Advisory, Conciliation and Arbitration Service (ACAS). Its purpose is to encourage employers and employees to settle disputes without the need for formal tribunal proceedings.
Most types of employment claims — including unfair dismissal, discrimination, redundancy pay or breach of contract — require an Early Conciliation notification before a tribunal claim can be accepted.
Why Early Conciliation Matters
Before you can submit a claim to the Employment Tribunal, you must:
- Notify ACAS that you intend to explore Early Conciliation; and
- Wait for ACAS to issue a conciliation certificate.
Without a conciliation certificate, the Employment Tribunal will not accept your claim.
Participation in Early Conciliation is not compulsory, but it is a required procedural step before most tribunal claims can proceed.
How Early Conciliation Works Step-by-Step
1. Early Notification
You (or your representative) submit an Early Conciliation form to ACAS. ACAS will then contact your employer to see whether both parties are willing to discuss resolution.
Early Conciliation extends the time limit for bringing a tribunal claim, providing additional time for you to consider your options.
2. Contact by ACAS
An ACAS conciliator will:
- contact you to explain the process
- confirm the details of your dispute
- offer to speak to your employer
Conciliation is confidential and voluntary for both sides.
3. Discussion and Negotiation
The ACAS conciliator may speak to you and your employer separately or jointly to explore whether your dispute can be resolved. This might include:
- settlement discussions
- clarification of issues
- exploring what outcome you want (e.g., compensation, reinstatement)
You are under no obligation to settle, and your employer is likewise free to decline offers.
4. Certificate and Next Steps
If conciliation concludes without settlement, ACAS will issue a conciliation certificate. You cannot proceed to the Employment Tribunal without this certificate.
The certificate contains a unique reference number you will need when submitting your tribunal claim.
What Claims Require Early Conciliation?
Early Conciliation is generally required for most Employment Tribunal claims, including:
- Unfair dismissal
- Discrimination or equal pay
- Redundancy pay disputes
- Wrongful dismissal and breach of contract
- Wage and holiday pay claims
There are limited exceptions, such as certain health and safety detriment claims or specific statutory rights in narrow circumstances.
Your Role in Early Conciliation
To make the most of Early Conciliation:
- Be clear about the issues in dispute
- Consider your desired outcome before discussions begin
- Keep records of discussions with ACAS and your employer
- Seek legal advice before agreeing any settlement
Settling at this stage can avoid lengthy tribunal proceedings and may offer an outcome more suited to your personal circumstances.
Settlement Agreements
If conciliation leads to a proposed settlement, it may be documented in a settlement agreement. Settlement agreements are legally binding contracts setting out the terms on which your employment will end in exchange for payment or other benefits.
You must receive independent legal advice on the terms of any settlement agreement before it is signed.
What If Conciliation Is Unsuccessful?
If you cannot reach an agreement through Early Conciliation, and a certificate is issued, you may proceed to submit a claim to the Employment Tribunal before the relevant deadline. The ACAS certificate extends the time for bringing a claim, but you should act promptly.
How We Can Help
ACAS Early Conciliation is a critical first step in the tribunal process. We can assist you with:
- understanding whether your dispute is suitable for conciliation
- completing the Early Conciliation form
- identifying your legal options
- preparing for negotiation with your employer
- submitting a tribunal claim if conciliation does not resolve the matter
Early advice can help ensure your rights are protected and maximise your chances of a satisfactory outcome.
Frequently Asked Questions
Do I have to do ACAS Early Conciliation before going to tribunal?
Yes, for most employment tribunal claims, an ACAS Early Conciliation certificate is required before you can issue a claim.
How long does Early Conciliation take?
ACAS typically allows up to six weeks for conciliation discussions, but you can end the process earlier if you wish.
Will ACAS tell my employer I started conciliation?
ACAS will contact your employer, but details remain confidential and are discussed only with consent.
