What ACAS Early Conciliation Is
Before you can submit an ET1 claim to the employment tribunal, you must first notify ACAS and go through early conciliation. This is a mandatory step under the Employment Tribunals Act 1996 as amended. You cannot bypass it. If you submit an ET1 without first completing ACAS early conciliation, your claim will be rejected.
Early conciliation is a free, confidential service in which an ACAS conciliator tries to help the parties reach a negotiated settlement without going to tribunal. It is entirely voluntary -- you cannot be forced to settle. If no settlement is reached, ACAS issues an Early Conciliation Certificate (sometimes called an EC certificate or an A10 number) and you can then proceed to file your ET1.
How to Start
The complete step-by-step guide: The Complete Employment Tribunal Claim Guide.
Go to acas.org.uk and complete the online early conciliation notification form. You will need: your name and contact details, your employer's name and address, and a brief description of the type of claim (unfair dismissal, discrimination, etc.). You do not need to go into detail at this stage. Start the process as soon as possible after your employment ends -- the clock is running.
The Time Limit Pause
This is one of the most important features of ACAS early conciliation. When you submit your notification, the three-month limitation period is paused. It stays paused for as long as early conciliation is ongoing -- up to a maximum of six weeks. When conciliation ends (either with a settlement or an EC certificate), the clock starts running again, with a minimum of one month added to whatever time was remaining when you first notified ACAS. This means you cannot lose limitation time during the ACAS process, which is why it is critical to notify ACAS as soon as possible.
What Happens During Conciliation
An ACAS conciliator will contact you, usually within two to three working days of your notification. They will ask you to explain your situation and what outcome you are seeking. They will then contact your employer and attempt to facilitate a settlement. The conciliator does not take sides and does not give legal advice -- they are a neutral facilitator.
The conciliator will typically go back and forth between the parties with offers and counteroffers. You are under no obligation to accept any offer. If the employer makes no offer, or makes an offer that does not meet your expectations, you can end conciliation at any time by telling the conciliator you wish to proceed to tribunal.
What to Say to the Conciliator
Be clear about what happened and what you are seeking. Express your position in terms of compensation -- have a figure in mind before the call. Think about: lost earnings to date, future loss of earnings, injury to feelings if discrimination is involved, notice pay owed, accrued holiday pay. A schedule of loss, even a rough one, gives you a basis for negotiation.
Do not make threats. Do not be emotional. Be factual and specific. The conciliator is assessing the strength of your case as they facilitate -- a clear, credible account strengthens your negotiating position. An angry or confused account weakens it.
If No Settlement Is Reached
If early conciliation ends without a settlement, the conciliator issues an EC certificate. This certificate will contain a unique reference number (the A number) that you must include on your ET1 form. Keep the certificate safe. Once you have it, you must file your ET1 within the remaining limitation period -- which will be at least one month from the date of the certificate.
Filing your ET1 is a separate and distinct step from ACAS early conciliation. Completing conciliation does not file a tribunal claim -- you must actively do that separately at employment.tribunals.service.gov.uk.