How to Submit an ACAS Early Conciliation Application

ACAS Early Conciliation is a mandatory preliminary step for most employment tribunal claims in England and Wales. It is a structured process designed to give employees and employers an opportunity to resolve workplace disputes without formal litigation.

The process is operated by the Advisory, Conciliation and Arbitration Service (Acas), an independent public body established to promote fair workplace relations. Under the Employment Tribunals Act 1996 and associated procedural rules, individuals must generally notify Acas before lodging a claim such as unfair dismissal, discrimination, or unlawful deduction from wages.

This article explains how to submit an ACAS Early Conciliation application, what information is required, how the process works, and how it affects tribunal time limits.

What ACAS Early Conciliation Is

ACAS Early Conciliation is a pre-claim dispute resolution process. It allows a neutral Acas conciliator to:

• Contact both parties
• Explore whether settlement is possible
• Help avoid an employment tribunal claim

The process is confidential and voluntary in terms of settlement, but mandatory as a precondition for most tribunal claims.

It applies to claims including:

• Unfair dismissal
• Discrimination (Equality Act 2010 claims)
• Unlawful deduction from wages
• Breach of employment rights
• Holiday pay disputes

Further information is set out by Acas guidance and the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014.

When You Must Use ACAS Early Conciliation

You must contact Acas before starting an employment tribunal claim unless a limited exemption applies.

Common exemptions include:

• Claims involving multiple respondents where at least one has already been notified
• Certain urgent applications (such as interim relief cases)
• Specific jurisdictional exceptions set out in tribunal rules

In most standard employment disputes, early conciliation is compulsory.

Step-by-Step: How to Submit an ACAS Early Conciliation Application

1. Gather Required Information

Before submitting the application, you should prepare key details, including:

• Your full name and contact details
• Employer's legal name and address
• Employment dates and job title
• A brief description of the dispute
• Preferred contact method

If details are incomplete, Acas may be unable to progress the application efficiently.

2. Submit the Application Online or by Phone

The application is made directly to Acas via:

• The official ACAS Early Conciliation online form
• Telephone contact through Acas helpline services

The online form is the most commonly used method. It requires:

• Identification of claimant and respondent
• Basic summary of the dispute
• Confirmation of whether representation is involved

Once submitted, Acas logs the application and assigns a conciliator.

3. Receive an ACAS Early Conciliation Certificate

After submission:

• Acas contacts the applicant to confirm details
• A conciliator may be assigned to the case
• If conciliation does not resolve the dispute, an Early Conciliation Certificate is issued

This certificate includes a unique reference number required to submit an employment tribunal claim (ET1 form).

Without this certificate, most tribunal claims cannot proceed.

4. Optional Conciliation Discussions

Once assigned, the conciliator may:

• Contact both parties to discuss the dispute
• Explore settlement possibilities
• Relay offers between parties (without taking sides)

Participation is voluntary at the settlement stage, but the process is designed to encourage resolution without litigation.

Common outcomes include:

• Financial settlement agreements
• Agreed resignation terms
• Withdrawal of tribunal intention
• No settlement reached (certificate issued)

How ACAS Early Conciliation Affects Tribunal Time Limits

A key legal feature of the process is its impact on limitation periods.

Most employment tribunal claims must be submitted within:

• 3 months minus 1 day from the act complained of (for example dismissal or discrimination)

However:

• The early conciliation period pauses (or “stops the clock”) on the limitation period
• The clock resumes once the certificate is issued

This ensures claimants are not disadvantaged while settlement discussions take place.

What Happens After Receiving the Certificate

Once the Early Conciliation Certificate is issued, you may:

• Submit an employment tribunal claim (ET1 form)
• Use the certificate number in tribunal documentation
• Proceed with legal action within the remaining limitation period

If no claim is filed in time, the right to bring the claim may be lost.

Legal Framework Behind ACAS Early Conciliation

The process is governed by:

• Employment Tribunals Act 1996
• Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014
• Acas statutory Code of Practice and guidance

Although Acas conciliators are independent, they do not provide legal advice or make decisions about the merits of a case.

Common Issues and Practical Considerations

1. Missing Time Limits

One of the most common risks is misunderstanding how conciliation affects tribunal deadlines.

2. Incorrect Employer Details

Incorrect respondent details can delay issuance of the certificate or complicate tribunal proceedings.

3. Failure to Engage in Settlement Discussions

Either party can refuse to settle, but refusal does not prevent progression to tribunal.

4. Multiple Claims or Respondents

Complex disputes involving multiple employers or claims may require careful structuring of the application.

Types of Claims That Commonly Use ACAS Early Conciliation

• Unfair dismissal claims
• Discrimination claims under the Equality Act 2010
• Unpaid wages and unlawful deduction claims
• Holiday pay disputes
• Constructive dismissal claims
• Breach of contract-related claims within tribunal jurisdiction

Advantages of ACAS Early Conciliation

• Free to use
• Can resolve disputes without tribunal proceedings
• Stops limitation periods temporarily
• Confidential process
• Potentially faster than litigation

Limitations of the Process

• No power to force settlement
• No legal ruling or judgment
• Not suitable where urgent tribunal intervention is required
• Depends on willingness of both parties to negotiate

Common Questions from our Readers

Is ACAS Early Conciliation compulsory?

Yes, in most employment tribunal claims, notification to Acas is required before submitting a claim.

Does Acas decide who is right?

No. Acas only facilitates discussions and does not determine legal outcomes.

Can I refuse conciliation?

Yes. Participation in settlement discussions is voluntary.

How long does the process take?

The process typically lasts up to six weeks, with a possible extension in limited circumstances.

Key Takeaways

ACAS Early Conciliation is a mandatory preliminary process for most employment tribunal claims in England and Wales. It provides an opportunity to resolve disputes before litigation, while also preserving the right to bring a claim if settlement is not achieved.

Key points:

• Applications are submitted to Acas online or by phone
• A conciliator may facilitate settlement discussions
• An Early Conciliation Certificate is required for tribunal claims
• Time limits for claims are paused during the process
• The process is free, confidential, and designed to encourage resolution

Understanding how to submit an application correctly is essential for preserving legal rights and ensuring tribunal claims can proceed where necessary.