This guide is maintained as a current resource for September 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.
Comprehensive guide to ACAS Early Conciliation for discrimination claims in England and Wales. Explains what Early Conciliation is, how it works, how it affects tribunal time limits, and what outcomes are possible, with practical steps for prospective claimants.
ACAS Early Conciliation is an important step in bringing many workplace disputes, including discrimination claims, to an employment tribunal in England and Wales. Before you can lodge a formal claim with a tribunal, you generally must notify ACAS and be offered an opportunity to settle the dispute through early conciliation. This article explains what Early Conciliation is, how the process works, how it interacts with tribunal time limits, and what outcomes are possible, with a focus on discrimination claims under the Equality Act 2010.
What Is ACAS Early Conciliation?
Early Conciliation is a statutory process run by the Advisory, Conciliation and Arbitration Service (ACAS) designed to help resolve workplace disputes without the need for a tribunal hearing. It involves a neutral ACAS conciliator speaking separately with the claimant and the respondent (usually the employer) to see if an agreement can be reached. If an agreement is reached, it can prevent the need for formal tribunal proceedings. If not, ACAS will issue a certificate that allows a tribunal claim to proceed. Early Conciliation is free and confidential.
Early Conciliation is mandatory for most tribunal claims, including discrimination, and generally must be commenced within the statutory employment tribunal time limit (often three months minus one day from the act of discrimination).
Why Early Conciliation Matters in Discrimination Claims
Workplace discrimination can relate to protected characteristics such as age, race, sex, disability, religion or belief, and sexual orientation under the Equality Act 2010. Before proceeding to a tribunal, claimants must notify ACAS of their intention to make a claim. ACAS then offers to convene early conciliation. If you fail to notify ACAS within the applicable time limit, your tribunal claim could be barred as out of time.
Early Conciliation aims to:
- Encourage settlement without litigation;
- Save time and costs for both parties;
- Create opportunities to resolve disputes confidentially;
- Reduce pressure on employment tribunals.
How the Early Conciliation Process Works
When you notify ACAS that you are considering a discrimination claim:
- Offer of Early Conciliation: ACAS contacts you to explain the service and asks for details of the dispute. If you opt out, they provide a certificate immediately.
- Information Gathering: ACAS confirms details and may contact you for additional information.
- Assignment to a Conciliator: Your case is allocated to an ACAS conciliator, who will discuss your goals and contact your employer to explore settlement options.
- Settlement Talks: The conciliator speaks separately with both sides to facilitate a negotiated resolution. They do not provide legal advice or assess the merits of your case.
- Outcome: If a settlement is reached, it is recorded in a legally binding COT3 agreement. If no agreement is reached, ACAS issues an Early Conciliation Certificate with a reference number necessary to proceed with a tribunal claim.
Conciliation can continue even after an early conciliation certificate is issued, up to or during tribunal proceedings.
Time Limits and Pausing the Clock
Statutory Time Limits for Discrimination Claims
For most discrimination claims, an employment tribunal claim must be presented within three months minus one day from the act of discrimination you are complaining about. This strict deadline applies unless an exception specifically extends it.
Effect of Early Conciliation on Time Limits
Once you notify ACAS within the statutory time limit, the period for bringing a tribunal claim is paused (“stopped”) for the duration of the early conciliation process. This prevents claimants from losing time while settlement discussions are ongoing.
When ACAS issues the Early Conciliation Certificate, the “clock” resumes. After this, you generally have at least one month from the date of the certificate to submit a tribunal claim (ET1), although the exact deadline can vary depending on how much time was left when early conciliation started.
Extended Conciliation Period
From 1 December 2025, the maximum Early Conciliation period has been extended from six weeks to 12 weeks for notifications made on or after that date. This gives more time for ACAS to facilitate settlement before a certificate is issued.
What ACAS Can and Cannot Do
During Early Conciliation, ACAS conciliators:
- Facilitate discussions between claimant and employer;
- Seek to identify common ground;
- Help explore settlement options.
ACAS conciliators cannot:
- Provide legal advice;
- Represent either party;
- Assess the legal strength of your discrimination claim;
- Prepare your case for tribunal.
Parties may choose to be represented during Early Conciliation by a solicitor, union representative, or other advocate.
Settlement Agreements (COT3)
If parties agree a settlement through Early Conciliation, the terms are recorded in a COT3 agreement. Once signed, this agreement is legally binding, and you cannot proceed to a tribunal on the same issue. It commonly includes financial terms, confidentiality clauses, and sometimes agreed exit arrangements. Careful review of COT3 terms is important before signing.
Benefits and Limitations of Early Conciliation
Benefits
- Confidential negotiations may preserve working relationships and reputation;
- Cost‑effective compared with tribunal litigation;
- Can resolve disputes quickly and with less stress;
- Pauses tribunal time limits, protecting your right to claim.
Limitations
- Not all cases settle; many end in certificates allowing tribunal claims;
- ACAS cannot provide legal advice or predict tribunal outcomes;
- Delays or resource constraints can impact how quickly conciliation starts.
Practical Steps to Use Early Conciliation
- Identify the act or pattern of discrimination and relevant dates.
- Notify ACAS within the statutory time limit (often three months minus one day from the last discriminatory act).
- Provide accurate details of the dispute when completing the online notification or contacting ACAS.
- Engage with ACAS conciliators and be prepared with your objectives for settlement discussions.
- If no settlement is reached, use the Early Conciliation Certificate reference to submit your employment tribunal claim (ET1) within the resumed deadline.
Summary
ACAS Early Conciliation is a mandatory, statutory step for most workplace discrimination claims in England and Wales before lodging a tribunal claim. It offers a structured negotiation process aiming to resolve disputes without formal litigation and preserves statutory time limits while discussions are ongoing. The extension of the Early Conciliation period to 12 weeks from December 2025 provides additional time for settlement attempts. Understanding how this process works and its interaction with tribunal time limits is essential for employees considering discrimination claims and employers responding to potential disputes.
