What Is ACAS Early Conciliation
ACAS early conciliation is a free, voluntary conciliation service that both parties must be given the opportunity to engage with before an employment tribunal claim can be submitted. The process is run by ACAS (the Advisory, Conciliation and Arbitration Service). You must notify ACAS before submitting an ET1.
Why It Matters for Your Deadline
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Notifying ACAS pauses your limitation clock. The period from notification to the issue of the ACAS certificate is added to your primary limitation period. This means you can have more time to prepare your claim than the primary limitation period suggests -- but only if you notify ACAS before your primary deadline expires.
What Happens During Conciliation
ACAS allocates a conciliation officer who contacts both parties. The officer is neutral -- they do not advise either party on the merits of the claim. They act as an intermediary, facilitating communication and exploring whether a settlement is possible. Everything said during conciliation is confidential.
Whether to Settle at ACAS
Many disputes settle at the ACAS stage. This avoids the cost, stress, and uncertainty of tribunal proceedings. However, do not settle for less than your claim is worth simply to avoid the process. Calculate your schedule of loss before entering any settlement discussions.
If Conciliation Fails
If agreement is not reached, ACAS issues an early conciliation certificate with a unique reference number. You enter this number when submitting your ET1. Without the certificate reference, the ET1 will be rejected. Keep the certificate safe.