A guide to ACAS early conciliation
ACAS Early Conciliation is a free government-funded service provided by the Advisory, Conciliation, and Arbitration Service (ACAS) in the UK. It helps employees and employers resolve workplace disputes without going to an employment tribunal. If you are thinking about making a claim to an employment tribunal, you must first notify ACAS and consider participating in the early conciliation process.
Why use ACAS early conciliation?
If you have a problem at work you should raise it internally, either through informal methods or through a formal process such as raising a grievance. If you find yourself unfairly dismissed, you should also consider going through the internal appeals process. After you have exhausted these options should you then reach out to ACAS. (Note: if a grievance or appeal process is taking a particularly long time, it can be a good idea to talk to ACAS before the internal process concludes, to protect any tribunal time-limits which may apply).
Before you are able to submit a claim to the tribunal you will be given the opportunity to participate in early conciliation. This is a free process where a trained third-party will liaise between you and your employer to find a resolution to the dispute.
Early conciliation has many benefits. It is quicker, less stressful, and often less costly than going to a tribunal. It also allows you to keep the details of your dispute confidential. Using ACAS can help both parties reach a mutual agreement and maintain a better relationship.
How does the ACAS process work?
The early conciliation process is straightforward:
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Notify ACAS: Complete the form on the ACAS website or call their helpline. This step is mandatory if you want to later make a tribunal claim.
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Initial contact: After submitting the form, an ACAS conciliator will contact you to discuss your situation. They will explain how early conciliation works and ask if you want to proceed.
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Contacting the other party: If you agree to conciliation, the conciliator will contact your employer. They will ask if they are willing to discuss the situation and negotiate a resolution. ACAS will also inform the employer about the tribunal process and the costs involved, with the intention of encouraging an amicable out-of-court resolution.
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Negotiations: The conciliator will work as a neutral third party to help both sides communicate. They may suggest solutions, but they do not take sides.
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Outcome: If both parties reach an agreement, the conciliator will draft a legally binding settlement (a COT3). If no agreement is reached, you will receive an Early Conciliation Certificate, which allows you to proceed with a tribunal claim.
The process lasts up to six weeks but can be much quicker if a resolution is found. After receiving an Early Conciliation Certificate you can file an ET1 claim form with the tribunal. Your ACAS conciliator will remain your point of contact throughout the tribunal process to help the parties discuss settlement options.
ACAS early conciliation PAUSES the tribunal time limits. For example, if you were unfairly dismissed you would have 3 months minus 1 day to file a claim, plus the time period you spent in early conciliation. This means your time limit is actually closer to 4 months and 2 weeks. This is great news if you need more time to seek legal advice, complete your ET1 form or amend your claim later.
What to expect during ACAS early conciliation
You should be prepared to:
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Provide details: Be ready to share information about your dispute, including dates, events, and any evidence. The more open you are within the early conciliation process, the more likely you will find a positive resolution.
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Negotiate: Think about what outcome you want and what you’re willing to accept. If you’re still employed you might want a different manager or to be moved departments. If you’re no longer employed you might want your job back, a financial settlement, an agreed reference or a written apology.
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Be patient: Sometimes negotiations take time, and both parties may need to make compromises. Whilst you should look at how much you compensation a tribunal might award you, it’s unlikely your employer will be willing to settle for the full amount.
The conciliator will:
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Act impartially and treat your case confidentially.
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Help both sides understand their legal positions.
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Suggest ways to resolve the dispute without a tribunal.
Discussions and financial settlement negotiations are considered without prejudice. This means that neither you or your employer will be able to rely on anything said or disclosed during ACAS early conciliation at a tribunal hearing. You do not need to worry about the employer or their lawyers using your own words against you from this process. However, you should always aim to remain calm, professional and reasonable.
The benefits of using ACAS early conciliation
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Free and confidential: There is no cost to using the ACAS early conciliation process, and discussions are private. If you go to tribunal you may incur significant costs and hearings/judgements are public.
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Quick resolution: It’s faster than going to tribunal, which can take 12-18 months on average. There’s a lot of work in pursuing a tribunal claim and a financial settlement can allow both parties to avoid that, moving on with their lives.
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Avoid stress: The ACAS process is significantly less formal and intimidating than a tribunal. At tribunal you will need to face your employer and/or potentially the people who discriminated against or harassed you, whereas the early conciliation process keeps the employee and employer separate.
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Mutual agreement: It encourages both sides to find a solution they can accept. A lot of peace can be found by settling a dispute early, rather than drag it through the courts. Whilst it will likely not include an admission of guilt, a COT3 agreement is legally-binding and is in no way a lesser option.
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Preserve relationships: It helps maintain professional relationships by avoiding a public dispute. This can be beneficial to your working relationships and future career, where people will not necessarily know about the dispute.
Conclusion
ACAS early conciliation is an effective way to resolve workplace disputes, providing you have tried to solve the dispute internally first (talking to your manager, raising a grievance, appealing any decisions etc).
By understanding the process and knowing what to expect, you can approach it confidently and increase your chances of reaching a fair outcome. If you need help, ACAS offers support throughout the process and you need not feel shy in asking about things you are unsure about.
Remember, taking part in early conciliation does not prevent you from going to a tribunal if necessary.
