Employment Tribunals: The ACAS Pre-Claim Process

If you wish to bring a claim in the Employment Tribunal then it is essential, in most cases, to go through the ACAS Early Conciliation process before you can issue an Employment Tribunal claim.

This guide outlines what the ACAS Early Conciliation process is, how the conciliation process works, and how employees can use the process.

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ACAS Code of Practice: What You Need To Know
What Is ACAS Early Conciliation?How Do You Start ACAS Early Conciliation?Who’s Involved in Early Conciliation?How Long Does ACAS Early Conciliation Take?What happens if ACAS Early Conciliation Succeeds?What Happens If ACAS Early Conciliation Doesn’t Succeed?How Does ACAS Early Conciliation Affect Tribunal Claim Time Limits?Can an Employment Solicitor Help You with Conciliation?Next steps

Navigating employment disputes can be challenging for both employees and employers. Before escalating matters to an Employment Tribunal, it’s essential to understand the ACAS Early Conciliation process—a mandatory step designed to encourage parties to settle their disputes without resorting to Employment Tribunal litigation.

What Is ACAS Early Conciliation?

ACAS Early Conciliation is a free and confidential service provided by the Advisory, Conciliation and Arbitration Service (ACAS). It aims to help disputing parties—typically employees and employers—resolve workplace issues amicably before proceeding to an Employment Tribunal. Engaging in Early Conciliation is a prerequisite for most employment-related claims, ensuring that both parties have the opportunity to settle disputes without the need for formal legal proceedings.

How Do You Start ACAS Early Conciliation?

To initiate the Early Conciliation process, the prospective claimant (usually the employee) must contact ACAS by submitting an Early Conciliation Notification Form. This form can be completed online via the ACAS website or by contacting ACAS directly. Once the form is received, an ACAS conciliator will reach out to discuss the issue and explore the possibility of resolving the dispute without resorting to a tribunal claim.

Who’s Involved in Early Conciliation?

The Early Conciliation process involves:

  • The Claimant: The individual (employee or worker) intending to bring a claim against their employer.
  • The Respondent: The employer (whether an individual or organization) against whom the claim is being made.
  • ACAS Conciliator: An impartial third party (conciliator) assigned by ACAS to facilitate discussions between the claimant and respondent, aiming to help both parties reach a mutually acceptable resolution.

Participation in the Early Conciliation process is voluntary for both parties. While the claimant must notify ACAS of their intention to lodge a Tribunal claim, neither party is obligated to engage in the conciliation discussions or to agree a settlement agreement. However, choosing to participate can often lead to a quicker and less adversarial resolution (than having to bring or defend an Employment Tribunal claim).

How Long Does ACAS Early Conciliation Take?

The Early Conciliation process typically lasts up to one calendar month from the date both parties agree to participate. If both parties are close to reaching an agreement, this period can be extended by up to 14 days. It’s important to note that the conciliation period is designed to be swift, providing a timely opportunity to resolve disputes without the need for tribunal proceedings.

What happens if ACAS Early Conciliation Succeeds?

If the parties agree to settlement terms through ACAS Early Conciliation then the ACAS conciliator will confirm the heads of terms that have been agreed between the employer and the employee, and ACAS will then send the parties a COT3 settlement agreement reflecting the agreed terms. Once the parties have confirmed to ACAS that they agree to the COT3 settlement terms ACAS will conclude a binding agreement between the employer and the employee.

What Happens If ACAS Early Conciliation Doesn’t Succeed?

If Early Conciliation does not result in a settlement, ACAS will issue an Early Conciliation Certificate to the claimant. This certificate includes a unique reference number, which the claimant must provide when submitting a claim to the Employment Tribunal. The certificate serves as proof that the claimant has fulfilled the mandatory requirement to engage in the Early Conciliation process before proceeding with a tribunal claim.

How Does ACAS Early Conciliation Affect Tribunal Claim Time Limits?

Engaging in Early Conciliation impacts the time limits for submitting a claim to the Employment Tribunal. Generally, claimants have three months less one day from the date of the alleged incident to file a claim. However, the time spent in Early Conciliation effectively “pauses” this limitation period. Once the Early Conciliation process concludes—either through settlement or by issuing a certificate—the claimant has a minimum of one month to submit their tribunal claim, regardless of the original deadline. It’s crucial for claimants to be mindful of these time limits to ensure their claims are filed within the permissible period.

Can an Employment Solicitor Help You with Conciliation?

Yes, engaging a solicitor during the Early Conciliation process can be highly beneficial. An experienced employment law solicitor can:

  • Provide Legal Advice: Offer guidance on the merits of your case and the potential outcomes.
  • Assist with Negotiations: Help articulate your position clearly and negotiate effectively with the other party.
  • Ensure Fair Settlement Terms: Review any proposed agreements to ensure they are fair and in your best interest.

While the ACAS conciliator remains impartial and cannot provide legal advice, a solicitor can advocate on your behalf, helping you navigate the complexities of the process and increasing the likelihood of a favourable outcome. An employment solicitor can therefore help you to achieve the best possible outcome for you from the settlement negotiations.

The ACAS Early Conciliation process serves as a valuable mechanism for resolving employment disputes without the need for formal tribunal proceedings. By understanding the process, timelines, and the role of legal advisors, both employees and employers can approach conciliation informed and prepared, potentially saving time, costs, and preserving professional relationships.

Next steps

If you would like settlement negotiations between you and your employer to be carried out on your behalf by a qualified and experienced employment lawyer then give Redmans a call.

Redmans are specialist employment lawyers and can help you if you’re being poorly treated at work, whether that is because you are being discriminated against in the workplace, harassed, constructively dismissed, or subjected to an unfair disciplinary proceeding.

If you contact us you will speak to an experienced employment lawyer who can discuss your options for working with us, funding options, and next steps.

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