If you are considering bringing an employment tribunal claim, ACAS Early Conciliation is usually the first formal step you must take. It is designed to give employees and employers an opportunity to resolve a workplace dispute before tribunal proceedings begin. For many people, it is also the point at which strict tribunal time limits become urgent and legal advice becomes important.
This guide explains what ACAS Early Conciliation is, how the process works in England and Wales, what an Early Conciliation certificate means, how deadlines are affected, and when it may be sensible to seek advice from an employment solicitor. It is written for individuals who want a clear, practical understanding of the process before deciding what to do next.
If you need advice about ACAS Early Conciliation, an employment tribunal claim or settlement negotiations, contact Elite Law Solicitors on 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
What is ACAS Early Conciliation?
ACAS Early Conciliation is a legal process that applies before most employment tribunal claims can be started. ACAS stands for the Advisory, Conciliation and Arbitration Service. It is an independent public body that helps employers and employees resolve workplace disputes. In the context of Early Conciliation, ACAS does not take sides, does not represent either party and does not decide who is right or wrong.
The purpose of Early Conciliation is to explore whether the dispute can be resolved without the need for employment tribunal proceedings. A trained ACAS conciliator may speak separately with the individual and the employer, explain the conciliation process, pass settlement offers between the parties and help clarify whether agreement is possible.
Although notifying ACAS is generally compulsory before lodging most employment tribunal claims, settlement itself is voluntary. You cannot be forced to accept an offer. Equally, the employer cannot be forced to settle. If agreement is not reached, ACAS will issue an Early Conciliation certificate, which normally allows you to proceed with an employment tribunal claim if you still wish to do so.
When Do You Need to Contact ACAS?
You will usually need to contact ACAS before starting claims such as unfair dismissal, discrimination, unlawful deduction from wages, unpaid holiday pay, redundancy pay disputes, whistleblowing detriment claims and many other employment tribunal claims. The notification is made before submitting the ET1 claim form to the employment tribunal.
There are limited exceptions. For example, some claims or urgent applications may not require Early Conciliation, and different rules may apply where another claimant has already notified ACAS about the same dispute or where ACAS has no power to conciliate on a particular issue. If you are unsure, it is usually safer to take advice promptly rather than assume an exemption applies.
Employment tribunal deadlines are strict. In most claims, the usual time limit is three months less one day from the act complained of, such as the date of dismissal, the date wages were not paid or the last act of discrimination relied upon. Some claims have a different time limit, including certain equal pay and redundancy pay claims. ACAS Early Conciliation can pause the limitation clock, but it does not remove the need to act quickly.
The ACAS Early Conciliation Process Step by Step
1. You Notify ACAS
The ACAS Early Conciliation process begins when you notify ACAS that you are considering an employment tribunal claim. This is usually done using the ACAS Early Conciliation form online or by contacting ACAS by telephone. You will be asked for basic information about yourself, the employer or respondent, and the nature of the dispute.
2. ACAS Confirms the Notification
Once ACAS receives the notification, it will usually confirm the reference details and review the information provided. If further information is needed, ACAS may contact you. It is important that the respondent’s legal name is accurate, because the name on the ACAS certificate should generally match the respondent named on any later ET1 form.
3. A Conciliator May Contact You
If you agree to take part in Early Conciliation, an ACAS conciliator will normally speak with you to understand the dispute and what outcome you are seeking. The conciliator may then contact the employer if you consent to ACAS doing so. Discussions usually take place separately rather than in a joint meeting.
4. Settlement is Explored
ACAS conciliation may involve discussion about compensation, unpaid sums, references, confidentiality, withdrawal of allegations, agreed announcements, tax treatment, timing of payment or other practical terms. The conciliator can help communicate offers but cannot provide legal advice, value your claim for you or tell you whether a proposal is legally in your best interests.
5. Agreement or Certificate
If a settlement is reached through ACAS, it is usually recorded in a COT3 agreement. A COT3 is legally binding and usually prevents the same claim from being pursued in the employment tribunal. If no agreement is reached, or if either party does not wish to take part, ACAS will issue an Early Conciliation certificate. The certificate number is normally required when completing the ET1 claim form.
How long does ACAS Early Conciliation take?
ACAS Early Conciliation can last for a limited statutory period. ACAS guidance states that Early Conciliation can last up to 12 weeks. The process may end earlier if settlement is reached, if one party does not wish to continue, if ACAS cannot make contact, or if ACAS considers that settlement is not possible within the available period.
The length of the process will depend on the responsiveness of the parties, the complexity of the dispute, whether documents or figures are needed, and whether meaningful settlement discussions are taking place. In some cases, Early Conciliation is very brief because the claimant simply needs the certificate in order to issue proceedings.
How ACAS Early Conciliation affects Employment Tribunal time limits
Time limits are one of the most important issues in any employment tribunal claim. ACAS Early Conciliation can pause the tribunal limitation period, but only if ACAS is notified within the applicable time limit. Once Early Conciliation ends and the certificate is issued, the clock starts again. In many cases, the claimant will have at least one month left to submit the tribunal claim, but the calculation can be technical and should not be left until the final days.
Common time limit examples include three months less one day for many claims, such as unfair dismissal, discrimination and unlawful deduction from wages. Some claims, including certain equal pay and statutory redundancy pay claims, may have longer time limits. The exact start date can be disputed, particularly where there is a continuing course of conduct, a series of wage deductions or multiple alleged acts of discrimination.
If you miss the deadline, the tribunal may refuse to accept the claim unless a legal test for extending time is satisfied. Those tests are fact-sensitive and can be difficult to meet. Taking advice early can help protect your position, identify the correct limitation date and avoid problems with the ACAS certificate or ET1 form.
What Is an ACAS Early Conciliation Certificate?
An ACAS Early Conciliation certificate confirms that the Early Conciliation notification requirement has been completed. It includes a certificate number that is usually needed when completing the ET1 claim form. Without a valid certificate number, the employment tribunal may reject the claim unless a recognised exemption applies.
The certificate does not mean ACAS has decided the merits of the case. It does not prove that the claim is strong or weak. It simply records that the Early Conciliation stage has ended. You should keep the certificate safely and check the names, dates and certificate number carefully before submitting any employment tribunal claim.
Can you get an ACAS Early Conciliation payout?
There is no automatic ACAS Early Conciliation payout. ACAS does not award compensation and does not order either party to pay money. Any payment during Early Conciliation must be agreed between the parties, usually as part of a negotiated settlement.
The value of a potential settlement depends on the type of claim, the evidence, the loss suffered, the employer’s defence, litigation risk, legal costs, commercial considerations and the parties’ willingness to resolve matters. For example, a wages claim may focus on sums due under contract or statute, whereas a discrimination claim may involve injury to feelings, financial loss and other remedies. Legal advice can help you understand whether an offer is reasonable in the context of your claim.
What can ACAS Do and What Can’t ACAS Do?
ACAS can explain the conciliation process, act impartially, speak to each side separately, communicate offers, help record settlement terms in a COT3 agreement and continue conciliation in some cases after tribunal proceedings have started. This can be useful where both parties want to avoid the time, cost and uncertainty of litigation.
ACAS cannot act as your solicitor, give you legal advice, prepare your case, decide whether your claim is valid, calculate your full compensation entitlement or force the employer to settle. ACAS is not the employment tribunal and does not decide legal liability. This distinction matters because an offer that appears attractive may have tax, confidentiality, reference, waiver or future employment implications.
Common Employment Claims involving ACAS Early Conciliation
ACAS Early Conciliation is relevant to many workplace disputes. Common examples include unfair dismissal, constructive dismissal, discrimination under the Equality Act 2010, harassment, victimisation, whistleblowing detriment, unlawful deductions from wages, unpaid holiday pay, breach of contract claims within tribunal jurisdiction, redundancy pay disputes and disputes about notice pay.
Each type of claim has different legal tests and remedies. For example, an unfair dismissal claim may require analysis of the reason for dismissal, procedure followed and whether dismissal was within the range of reasonable responses. A discrimination claim may require evidence of less favourable treatment, protected characteristics, comparators, causation and injury to feelings. Early advice can help identify the strongest claims and avoid presenting the dispute too narrowly.
Should you accept a settlement during ACAS Early Conciliation?
Whether to accept a settlement during ACAS Early Conciliation depends on the facts, the evidence and your objectives. Settlement can provide certainty, avoid the stress of tribunal proceedings and bring the dispute to an end quickly. It may also allow practical terms that a tribunal might not order, such as an agreed reference, agreed wording for an announcement or confidentiality provisions.
However, once a binding settlement is reached, you will usually give up the right to bring the same claims. Before accepting an offer, consider the value of your claim, your prospects of success, the cost and time involved in litigation, any tax implications, whether the agreement covers all claims, and whether non-financial terms matter to you. A solicitor can help assess the offer and negotiate terms that protect your position.
If you have received an offer through ACAS Early Conciliation and are unsure whether to accept it, call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form for guidance on your options.
Preparing for ACAS Early Conciliation
Good preparation can make Early Conciliation more effective. Before contacting ACAS or responding to a conciliator, gather relevant documents such as your contract of employment, payslips, dismissal letter, grievance correspondence, disciplinary outcome, appeal documents, emails, messages, sickness records, redundancy consultation documents or any evidence of discriminatory treatment.
You should also prepare a short chronology of key events, identify the claims you may have, calculate your losses where possible and think carefully about what outcome you want. Some people want compensation only; others want an apology, reference, reinstatement, re-engagement, correction of records or practical assurances. Being clear about priorities helps settlement discussions remain focused.
Why legal advice matters before or During Early Conciliation
Early Conciliation may appear informal, but decisions made at this stage can affect the entire case. The way the dispute is framed, the respondent named, the losses calculated, the settlement offer made and the timing of the ET1 claim can all have legal consequences. Legal advice can help you understand the merits of your claim, avoid limitation problems and approach negotiations with a realistic strategy.
An employment solicitor can also advise on whether a COT3 settlement is appropriate, whether additional wording is needed, how confidentiality and tax provisions should be handled, and whether the offer reflects the potential remedies available in the employment tribunal. This is particularly important in discrimination, whistleblowing, constructive dismissal and high-value loss of earnings claims.
Why choose Elite Law Solicitors for ACAS Early Conciliation advice?
Elite Law Solicitors advises individuals on employment disputes, settlement discussions and employment tribunal claims. We provide clear, practical advice designed to help clients understand their legal position, protect important deadlines and make informed decisions about settlement or litigation.
Clients often come to us at a difficult point: after dismissal, while raising a grievance, when wages have not been paid, following alleged discriminatory treatment or after receiving an ACAS Early Conciliation certificate. We help identify the relevant claims, assess the evidence, calculate potential compensation and advise on the tactical advantages and risks of resolving the dispute early.
Our reputation is supported by client feedback on ReviewSolicitors, where prospective clients can read independent reviews about the service provided by the firm. Reviews are not a substitute for legal analysis, but they can help demonstrate trust, responsiveness and client care when choosing solicitors to advise on sensitive employment matters.
To discuss ACAS Early Conciliation, an ACAS certificate, an ET1 form or a potential employment tribunal claim, call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
Frequently Asked Questions about ACAS Early Conciliation
Is ACAS Early Conciliation free?
Yes. ACAS Early Conciliation is free to use. There is no charge for notifying ACAS or speaking with an ACAS conciliator. However, ACAS cannot provide legal advice. If you need advice on the strength of your claim, compensation, settlement wording or tribunal deadlines, you may wish to instruct an employment solicitor.
Do I have to speak to my employer directly during Early Conciliation?
Usually, no. ACAS conciliation commonly takes place through separate conversations. The conciliator can pass messages and offers between you and the employer. You can also appoint a representative, such as a solicitor, to deal with ACAS and the employer on your behalf.
What happens if my employer ignores ACAS?
If the employer does not respond or does not wish to take part, ACAS can issue an Early Conciliation certificate. The employer cannot prevent you from obtaining the certificate simply by refusing to engage. You will then need to decide whether to submit an employment tribunal claim within the relevant deadline.
Can ACAS Early Conciliation continue after I submit an ET1 claim?
Yes. Conciliation may continue after tribunal proceedings have started. At that stage it is usually referred to simply as ACAS conciliation rather than Early Conciliation. Settlement can still be reached before a final tribunal judgment, and many cases resolve after proceedings have been issued.
Does contacting ACAS mean I am definitely bringing a tribunal claim?
No. Notifying ACAS means you are preserving the option of bringing a claim and engaging with the required pre-claim process. You may settle, decide not to continue, or proceed to tribunal if settlement is not reached. The decision should be made after considering your evidence, prospects, losses and personal objectives.
Can I complete the ACAS Early Conciliation form online?
Yes. Many individuals notify ACAS using the ACAS Early Conciliation form online. You can also contact ACAS by telephone. Before submitting the form, check the respondent’s legal name, your contact details and the key dates. Errors can create avoidable problems when completing the ET1 form later.
Speak to Elite Law Solicitors About ACAS Early Conciliation
ACAS Early Conciliation can be a valuable opportunity to resolve an employment dispute, but it also sits within a strict legal framework. The process affects tribunal deadlines, settlement strategy and the steps needed before an employment tribunal claim can be issued. If you are unsure about your rights or have received an ACAS Early Conciliation certificate, taking advice promptly can help you protect your position.
For clear, practical advice from Elite Law Solicitors, call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
Our employment lawyers can also assist employees with a wide range of workplace issues, including:
- Advising on Settlement Agreements provided by employers to set out their terms of departure, whether because of redundancy or other reason.
- Helping them to understand the effects of Restrictive Covenants in Contracts of Employment, whether at the beginning or end of the working relationship, and what to do if the employer seeks to enforce restrictions.
- Representing workers in Employment Tribunal Claims, negotiating with ACAS or attending Judicial Mediation.
We can also help employers by:
- Drafting Contracts, Policies and Procedures
- Advising on appropriate Restrictive Covenants to prevent unfair competition from departing employees
- Exploring agreement for an employee to leave in Protected Conversations
- Coaching managers on handling Disciplinary, Capability and Grievance Procedures, advising on appropriate sanctions and resolutions
- Advising on Flexible Working Requests made by employees and the risks of refusal
- Advising on steps needed to comply with the duty to prevent Harassment in the workplace
- Enforcing breaches of Restrictive Covenants
- Defending Employment Tribunal Claims
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified employment solicitors such as those within our firm.
