How to Start the ACAS Early Conciliation Process

The ACAS Early Conciliation process is a mandatory pre-claim step for most Employment Tribunal disputes in England and Wales. It applies to claims such as workplace discrimination, unfair dismissal, unpaid wages, and other employment rights disputes.

Before a claim can be submitted to the Employment Tribunal, the claimant must notify the Advisory, Conciliation and Arbitration Service (ACAS) and give the organisation an opportunity to help resolve the dispute without formal legal proceedings.

This process is designed to encourage settlement, reduce tribunal workload, and provide a structured opportunity to resolve disputes at an early stage.

What ACAS Early Conciliation Is

Early Conciliation is a confidential process facilitated by ACAS.

It involves:

• A neutral ACAS conciliator contacting both parties
• Discussion of the dispute in legal and practical terms
• Attempts to reach a settlement agreement
• Issuing an Early Conciliation certificate if no settlement is reached

The process is free of charge and typically required before most Employment Tribunal claims can proceed.

When Early Conciliation Is Required

Early Conciliation is required before starting most Employment Tribunal claims, including claims involving:

• Workplace discrimination under the Equality Act 2010
• Unfair dismissal
• Unpaid wages or holiday pay
• Breach of contract claims linked to employment

There are limited exceptions, but in most cases, failure to start Early Conciliation will prevent a tribunal claim from being accepted.

Step 1: Gathering Key Information Before Starting

Before initiating the process, certain information is required:

• Employer's full legal name
• Employer's address
• Dates of employment
• Brief summary of the dispute
• Contact details for both parties

The information does not need to be highly detailed at this stage, but it must be accurate enough for ACAS to identify the correct employer and issue contact.

Step 2: Starting Early Conciliation

Early Conciliation can be started by submitting an online notification to ACAS or by telephone.

The notification typically includes:

• Your personal details
• Employer details
• Type of dispute (for example, discrimination or dismissal)
• Whether you want ACAS to contact the employer

Once submitted, ACAS records the case and assigns a conciliator.

Step 3: Contact from ACAS

After the notification is received:

• An ACAS conciliator may contact the claimant first
• They will explain the process and confirm details
• If consent is given, ACAS will contact the employer

At this stage, no legal arguments are required. The focus is on understanding the dispute and exploring resolution options.

Step 4: The Conciliation Process

Once both parties are engaged, ACAS acts as an independent intermediary.

The conciliator may:

• Facilitate settlement discussions
• Relay offers between parties
• Explain legal frameworks and potential outcomes
• Help clarify expectations regarding tribunal claims

Possible outcomes include:

• Full settlement agreement
• Partial settlement
• No agreement reached

If settlement is achieved, the dispute usually ends without tribunal proceedings.

Step 5: Early Conciliation Time Limits

Starting Early Conciliation affects tribunal limitation periods.

Key points:

• Most Employment Tribunal claims must be brought within 3 months less 1 day of the incident
• The limitation period is paused while Early Conciliation is ongoing
• A certificate is issued when the process ends, restarting the limitation clock

Timing is critical because delays can affect the ability to bring a claim.

Step 6: The Early Conciliation Certificate

If the dispute is not resolved, ACAS issues an Early Conciliation certificate.

This certificate:

• Confirms that Early Conciliation has been completed
• Provides a unique reference number
• Is required to submit an Employment Tribunal claim

Without this certificate, the tribunal will generally reject the claim.

Step 7: Settlement Options During Early Conciliation

If settlement is reached, it may include:

• Financial compensation
• Agreed reference wording
• Withdrawal of tribunal claims
• Confidentiality clauses in some cases

Settlements are legally binding if properly documented, often through a COT3 agreement facilitated by ACAS.

Common Issues and Practical Considerations

1. Limited time to act

The tribunal limitation period continues to run in the background, making early action important.

2. Employer refusal to engage

Some employers choose not to participate, but ACAS can still issue a certificate.

3. Lack of settlement agreement

Many cases do not settle, and the process simply moves to tribunal proceedings.

4. Strategic role of conciliation

Statements made during conciliation are generally confidential and not used as evidence in tribunal proceedings.

Early Conciliation and Discrimination Claims

For discrimination disputes, Early Conciliation is often used to:

• Assess potential compensation ranges
• Explore early settlement of injury to feelings claims
• Resolve ongoing workplace issues without litigation
• Avoid formal tribunal proceedings under the Equality Act 2010

However, participation does not require acceptance of liability from either party.

What Happens After Early Conciliation Ends

After receiving the certificate, the claimant may:

• Submit an Employment Tribunal claim using an ET1 form
• Refer to the ACAS certificate number in the claim
• Proceed with litigation if settlement has not been achieved

The tribunal process is separate and governed by formal procedural rules.

Key Takeaways

The ACAS Early Conciliation process is a mandatory step before most Employment Tribunal claims, including discrimination claims under the Equality Act 2010. It involves notifying ACAS, engaging in facilitated settlement discussions, and potentially resolving disputes without formal litigation.

If no agreement is reached, ACAS issues a certificate that allows the claimant to proceed to tribunal. Time limits continue to apply throughout the process, making early action essential.