How To Apply For Early Conciliation Through ACAS In Dismissal Claims

Before most dismissal-related Employment Tribunal claims in England and Wales can proceed, the claimant must first engage with the Advisory, Conciliation and Arbitration Service (ACAS) through Early Conciliation. This is a mandatory pre-claim step in the majority of cases involving unfair dismissal, wrongful dismissal, and related employment disputes.

Early Conciliation is designed to give both parties an opportunity to resolve the dispute without formal tribunal proceedings. If settlement is not reached, ACAS issues a certificate that allows a claim to be submitted using the ET1 form.

What Early Conciliation is in dismissal disputes

Early Conciliation is a statutory process requiring individuals who intend to bring an Employment Tribunal claim to notify ACAS before submitting their case.

Under this process:

• ACAS acts as a neutral intermediary between employee and employer
• A conciliator communicates separately with both parties
• The aim is to explore settlement without litigation
• Participation is voluntary, but notification is compulsory

ACAS does not decide the outcome of the dispute and does not provide legal advice or assess the strength of a claim.

When Early Conciliation is required

Early Conciliation is generally required before submitting claims such as:

• Unfair dismissal
• Wrongful dismissal (breach of contract claims linked to termination)
• Constructive dismissal
• Redundancy-related dismissal disputes
• Discrimination claims linked to dismissal

There are limited exceptions, but most dismissal-related claims fall within the requirement.

The process must usually be started before an Employment Tribunal claim is filed, as failure to notify ACAS can prevent the claim from proceeding.

Time limits for starting Early Conciliation

Strict time limits apply to dismissal claims:

• Most Employment Tribunal claims must be started within 3 months minus 1 day from the effective date of termination or act complained of
• Early Conciliation must be notified within this limitation period

Once ACAS is notified:

• The limitation period is paused during the Early Conciliation process
• Time resumes once the certificate is issued

The certificate is essential for progressing to an ET1 claim.

Step-by-step: How to apply for Early Conciliation through ACAS

Step 1: Confirm the dismissal date and claim type

Before contacting ACAS, it is necessary to identify:

• The effective date of termination
• Whether the claim relates to unfair dismissal, wrongful dismissal, or both
• Any outstanding payments such as notice pay or wages
• Whether internal procedures (grievance or appeal) have already taken place

This helps define the scope of the dispute.

Step 2: Submit notification to ACAS

Early Conciliation begins by notifying ACAS of the dispute.

This is done online or by telephone and requires basic information:

• Name and contact details of the claimant
• Employer details (legal entity name and address)
• Brief description of the dispute (for example, dismissal circumstances)

Once submitted, ACAS records the case and confirms receipt.

ACAS will then contact the claimant to explain next steps and request further information if required.

Step 3: ACAS initial assessment and contact

After notification:

• ACAS reviews the information provided
• A conciliator may contact the claimant
• The claimant is asked whether they wish to proceed with Early Conciliation

If accepted:

• A conciliator is assigned
• The case moves into the conciliation stage

If declined:

• ACAS issues a certificate allowing immediate tribunal submission

Step 4: Conciliation discussions with the employer

If both parties agree to participate:

• The conciliator contacts the employer
• Discussions are held separately with each side
• The conciliator explores possible settlement options

Possible outcomes include:

• Reinstatement or re-engagement (rare in dismissal cases)
• Agreed financial settlement
• Payment of notice or contractual sums
• Withdrawal of the claim

The conciliator remains neutral throughout and does not provide legal advice or assess legal merits.

Step 5: Settlement agreement (COT3)

If agreement is reached:

• Terms are recorded in a legally binding agreement known as a COT3
• The agreement is enforceable without tribunal proceedings
• The claim cannot proceed to tribunal on the same issues

Once signed or agreed, the dispute is treated as resolved.

Step 6: If no settlement is reached

If Early Conciliation does not resolve the dispute:

• ACAS issues an Early Conciliation certificate
• The certificate contains a unique reference number
• This number is required for the ET1 tribunal claim form

The claimant may then proceed to submit a tribunal claim within the remaining limitation period.

What happens to time limits during Early Conciliation

Key timing rules include:

• Time stops when ACAS receives the notification
• Time resumes when the certificate is issued
• Claimants usually have at least one month from the certificate date to submit an ET1, subject to the original limitation period

These rules can be complex where notification occurs close to the deadline.

Common issues in dismissal-related Early Conciliation claims

Insufficient detail in initial notification

Providing very limited information can delay contact and reduce settlement prospects.

Delay in notifying ACAS

Late notification risks missing the tribunal limitation period entirely.

Misunderstanding voluntary participation

Employers are not required to settle, and either party can decline engagement.

Assuming ACAS provides legal advice

ACAS conciliators do not advise on case strength or legal strategy.

Practical considerations after notifying ACAS

Once Early Conciliation is initiated in a dismissal dispute:

• Tribunal deadlines should still be calculated immediately
• Evidence relating to dismissal should be gathered in parallel
• Settlement discussions may continue even after the certificate is issued
• The ET1 form preparation should begin early if settlement is unlikely

Early Conciliation does not prevent tribunal proceedings; it acts as a gateway process.

Frequently asked questions

Is Early Conciliation compulsory?

Yes, in most Employment Tribunal claims, notification to ACAS is required before filing an ET1.

Can I still go to tribunal if conciliation fails?

Yes. If no settlement is reached, the ACAS certificate enables submission of a tribunal claim.

Does ACAS decide who is right?

No. ACAS is impartial and does not determine legal liability.

Can settlement happen after the certificate is issued?

Yes. Settlement discussions can continue even after Early Conciliation ends.

Key Takeaways

Applying for Early Conciliation through ACAS is a mandatory step in most dismissal-related Employment Tribunal claims. The process begins with notifying ACAS, followed by optional conciliation discussions between employee and employer facilitated by an impartial conciliator. If settlement is reached, it is recorded in a binding COT3 agreement. If not, ACAS issues a certificate that allows the claimant to submit an ET1 tribunal claim within strict time limits.