ACAS Early Conciliation
Before most Employment Tribunal claims can be issued, an ACAS Early Conciliation notification must be submitted.
Early Conciliation provides an opportunity for employers and employees to resolve disputes without litigation, saving time, cost and reputational impact.
What is ACAS Early Conciliation?
ACAS Early Conciliation (EC) is a statutory process administered by ACAS (the Advisory, Conciliation and Arbitration Service) that aims to help employers and employees resolve disputes before a formal Employment Tribunal (ET) claim is lodged.
It applies to most types of employment tribunal claims, including:
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unfair dismissal
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discrimination
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breach of contract
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redundancy-related disputes
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equal pay claims
Before an ET claim can be issued, the employee must have been issued an Early Conciliation Certificate. ET claim forms will be rejected if EC has not been notified, subject to limited exceptions.
Why Does Early Conciliation Matter for Employers?
Participation in EC is mandatory in most cases and provides key benefits:
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It extends the time to issue a tribunal claim, giving more time to seek resolution
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It provides an opportunity to resolve disputes early, often without legal proceedings
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It can reduce legal costs and avoid negative publicity
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It empowers employers to explore pragmatic settlements before litigation
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It may preserve working relationships where appropriate (i.e. where the employee continues working)
Early Conciliation does not oblige an employer to settle, it simply provides a structured environment to explore whether a resolution is possible.
How Does Early Conciliation Work?
1. Notification of Early Conciliation
Either the employee (or former employee) or the employer completes an online form to notify ACAS that they wish to make a claim. ACAS will then assign a conciliator and open a conciliation case.
2. Initial Contact from ACAS
Within a few weeks of notification, an ACAS conciliator will contact the parties to:
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outline the process
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confirm the nature of the dispute
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explain rights and obligations
The ACAS conciliator will contact the employee in the first instance. You, as the employer, will only be contacted if the employee agrees to conciliation. If the employee chooses not to conciliate, the conciliator can issue the EC certificate right away and the employer will not be informed.
Conciliation is voluntary and confidential.
3. Conciliation Discussions
The ACAS conciliator will:
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speak to both parties (separately)
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explore options for settlement
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suggest potential resolutions
The conciliator cannot advise.
4. Outcome of Conciliation
At the end of EC. there are three possible outcomes:
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Settlement - the dispute is resolved without the need for litigation. A written document is drawn up with the assistance of ACAS to conclude the process (known as a 'COT3') and the employee is prevented from taking their claim to the ET.
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Conciliation Ends Without Settlement - ACAS issues a conciliation certificate which the employee requires to commence an ET claim (but does not have to)
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Conciliation Continues by Agreement - parties agree to extend discussions beyond the initial deadline.
Is My Dismissal Automatically Unfair?
Some dismissals are automatically unfair, meaning that no qualifying period applies and the employer cannot justify the dismissal simply by arguing reasonableness.
Examples include dismissal:
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because of pregnancy or maternity leave
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for whistleblowing
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for asserting statutory rights
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related to health and safety matters
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connected to trade union activities
Reforms will also strengthen protection for employees dismissed for participating in lawful industrial action.
How Does Early Conciliation Affect Rights?
Participating in Early Conciliation does not:
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waive your legal rights to defend a claim
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prevent a party from issuing a tribunal claim if conciliation fails
Once an EC certificate is issued, either party may proceed to lodge a claim in the ET within the statutory time lime (which will vary by claim).
How We Can Help
ACAS Early Conciliation can be a pivotal stage of a dispute. Legal advice at this stage can:
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improve your response strategy
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maximise prospects of settlement
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protect your position if the claim proceeds
Our Team can assist you with:
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responding to and engaging with Early Conciliation
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negotiating settlements
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reviewing conciliation certificates and risks
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defending Tribunal claims where necessary
Making the cost of expert employment law advice predictable, affordable and essential to your business.
ENHANCE is our unique, industry-leading employment law service just for employers. Employment law is fast-paced and constantly changing. We have created ENHANCE to protect your business from the risks of employee disputes and litigation, and to help you successfully navigate your business through the minefield of employment law.
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