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 that aims to help employers and employees resolve disputes before a formal Employment Tribunal claim is lodged.
It applies to most types of employment tribunal claims, including:
- unfair dismissal
- discrimination
- breach of contract
- redundancy-related disputes
- equal pay claims
Before a tribunal claim can be issued, the employee must have been issued an Early Conciliation Certificate. Tribunal claim forms will be rejected if EC has not been notified, subject to limited exceptions.
Why Early Conciliation Matters for Employers
Participation in EC is mandatory in most cases and provides key benefits:
- Extends the time to issue a tribunal claim, giving more time to seek resolution
- Opportunity to resolve disputes early, often without legal proceedings
- Can reduce legal costs and avoid negative publicity
- Empowers employers to explore pragmatic settlements before litigation
- May preserve working relationships where appropriate
Early Conciliation does not oblige employers to settle — it simply provides a structured environment to explore whether a resolution is possible.
How Early Conciliation Works
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 days of notification, an ACAS conciliator will contact the parties to:
- outline the process
- confirm the nature of the dispute
- explain rights and obligations
Conciliation is voluntary and confidential.
3. Conciliation Discussions
The ACAS conciliator will:
- speak to both parties (separately or jointly)
- explore options for settlement
- suggest potential resolutions
Employers should engage constructively and respond promptly to ACAS requests.
4. Outcome of Conciliation
At the end of Early Conciliation, there are three possible outcomes:
- Settlement Reached — the dispute is resolved and no tribunal claim is needed
- Conciliation Ends Without Settlement — ACAS issues a conciliation certificate
- Conciliation Continues by Agreement — parties agree to extend discussions
If no settlement is reached, ACAS will issue a conciliation certificate, without which no tribunal claim can be lodged.
Early Conciliation Does Not Prevent Tribunal Rights
Participating in Early Conciliation does not:
- waive an employer’s legal rights to defend a claim
- prevent a party from issuing a tribunal claim if conciliation fails
Once a conciliation certificate is issued, either party may proceed to lodge a claim in the Employment Tribunal within the statutory time limit.
Legal Support with Early Conciliation
ACAS Early Conciliation can be a pivotal stage of a dispute. Legal advice at this stage can:
- improve your response strategy
- maximise prospects of settlement
- protect your position if the claim proceeds
Our employment solicitors assist employers with:
- preparing for Early Conciliation
- negotiating settlements
- reviewing conciliation certificates and risks
- defending tribunal claims where necessary
