This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Clear guide to ACAS early conciliation in England and Wales, explaining the process, how it affects employment tribunal time limits, what happens during conciliation, extended periods from December 2025 and how it can help resolve workplace disputes before formal claims.
Resolving workplace disputes like unfair dismissal, discrimination, unpaid wages or breach of contract can be stressful and costly. In England and Wales, most employment tribunal claims must first go through ACAS early conciliation - a free, statutory process designed to help parties explore settlement before formal litigation. Understanding early conciliation, how it works, and its effect on tribunal time limits is essential for anyone considering a claim.
Introduction
Early conciliation is a mandatory pre‑claim step in the employment tribunal process. Its purpose is to offer a structured forum where an impartial conciliator from the Advisory, Conciliation and Arbitration Service (ACAS) can speak separately with the claimant and the employer (the respondent) to see if the dispute can be resolved without going to a tribunal. If conciliation is unsuccessful, ACAS will issue a certificate that is required to submit a tribunal claim.
What ACAS Early Conciliation Is
Early conciliation is a voluntary, confidential service that both parties may choose to take part in. When a prospective claimant notifies ACAS of their intention to make a tribunal claim using the ACAS early conciliation form, ACAS offers to assign a conciliator to facilitate discussions between the parties. The conciliator listens to each side's position, explores potential solutions, and may help draft a settlement agreement without the need for tribunal proceedings.
ACAS conciliators:
- remain impartial and do not represent either party;
- cannot give legal advice or prepare a tribunal case;
- cannot independently decide the strength of a claim or how a tribunal might rule.
The outcome of early conciliation may be a settlement agreement (often documented in a COT3 form) or a certificate confirming that conciliation has not resolved the dispute and the claimant may proceed to an employment tribunal.
When and How to Start Early Conciliation
Mandatory Notification
If you are thinking about bringing most employment tribunal claims, you must notify ACAS first. This applies to disputes concerning unfair dismissal, discrimination, unpaid wages, whistleblowing detriment, redundancy rights and many other statutory employment rights.
You can notify ACAS:
- online via the early conciliation form;
- by telephone through the ACAS early conciliation team.
Notifying ACAS initiates the early conciliation process and, importantly, pauses the time limit for bringing a tribunal claim if notice is given within the statutory deadline.
Representing Someone
You may choose to use a representative during early conciliation, such as a union official, adviser or family member. You indicate this when notifying ACAS.
How the ACAS Early Conciliation Process Works
The early conciliation process typically follows these stages:
- Notification and acceptance: You complete the early conciliation form or contact ACAS by phone, setting out basic details of the dispute. ACAS confirms receipt and offers a conciliator.
- Initial information gathering: The conciliator contacts (or attempts to contact) you and your employer to understand the nature of the dispute. This may include exploring legal issues, desired outcomes and potential settlement options.
- Separate discussions: The conciliator speaks independently with each party (or their representatives) to explore whether an agreement can be reached.
- Settlement or certificate:
- If both parties agree a resolution, it is documented in a COT3 settlement agreement, which becomes legally binding once signed.
- If no settlement is reached, or if either party chooses not to conciliate, ACAS issues an early conciliation certificate (EC certificate) allowing a tribunal claim to be lodged.
Settlement Agreements (COT3)
If a settlement is agreed, ACAS prepares a COT3 document outlining the terms. Both parties sign it, and it becomes legally binding. Agreeing a COT3 usually means you cannot take the same claim to a tribunal later.
Time Limits and the “Pause” Effect
One of the most important effects of early conciliation is on tribunal time limits:
- Employment tribunal claims must normally be filed within three months minus one day (for many claims) or six months minus one day for certain claims like equal pay and statutory redundancy pay.
- If you notify ACAS within the statutory time limit, the clock is paused for as long as early conciliation continues. When early conciliation ends and the EC certificate is issued, the statutory time limit resumes.
Once you receive the early conciliation certificate, you must submit your tribunal claim (ET1 form) within the remaining time plus a minimum of one month from the date of the certificate. Calculating the exact deadline can be complex, depending on when you notified ACAS and the original time limit, but you will always have at least this one‑month period to file a claim after the certificate is issued.
Starting early conciliation promptly protects your legal position and avoids missing strict tribunal deadlines.
Extended Early Conciliation Period from December 2025
Currently, ACAS early conciliation has a maximum period set by law, traditionally six weeks from the date a claimant notifies ACAS. However, under new regulations effective from 1 December 2025, this maximum period will be extended to 12 weeks for notifications made on or after that date. This change is intended to give parties more time for meaningful negotiation, reflecting increased demand and complexity in workplace dispute resolution.
The actual conciliation period may be shorter if a settlement is reached or either party chooses to end conciliation early.
Benefits of Early Conciliation
Early conciliation offers several advantages:
- Cost‑free support for both sides to discuss and potentially resolve disputes without tribunal costs.
- Confidentiality, which can preserve workplace relationships and reputations.
- Legal “pause” on time limits while discussions take place, protecting your right to claim.
- Binding settlement agreements that can provide final certainty where terms are agreed.
Even if conciliation does not result in a settlement, it often clarifies issues, narrows disputed points and may reduce tribunal preparation time.
Limitations and What ACAS Cannot Do
ACAS early conciliation is not a substitute for legal advice. Conciliators cannot:
- advise you on whether your claim is legally strong;
- represent you in tribunal proceedings;
- prepare legal submissions or predict tribunal outcomes;
- act as your advocate.
Before or during early conciliation, parties may still seek independent legal advice or representation from solicitors, barristers or accredited advisers when weighing settlement options or preparing a possible tribunal claim.
Key Takeaways
ACAS early conciliation is a critical legal process that prospective claimants must complete before bringing most employment tribunal claims in England and Wales. It offers an opportunity to resolve disputes without the expense and formality of tribunal litigation and pauses statutory time limits to protect claimants' rights. The process begins when a claimant notifies ACAS of their intention to make a claim, and a conciliator then engages with both parties to explore settlement. If no agreement is reached, ACAS issues a certificate that allows the claimant to progress to an employment tribunal. From 1 December 2025, the maximum early conciliation period will extend to 12 weeks for eligible notifications, reflecting reforms intended to support meaningful dispute resolution.
