Acas Early Conciliation for Employers: What Happens if You Are Contacted

If a conciliator from Acas has contacted you about a current or former employee, a tribunal claim may be coming. This guide explains what early conciliation is, what you must and need not do and how to protect your position.

General information only, not legal advice. Check current Acas guidance for the latest rules.

What is Acas early conciliation?

Before most employment tribunal claims can be started, the person making the claim has to notify Acas. Acas then offers early conciliation, a free and confidential service in which a conciliator tries to help both sides reach an agreement without going to a tribunal. If it does not work, Acas issues an early conciliation certificate and the claimant can then start a claim.

Do employers have to take part?

No. Taking part is voluntary for both sides. However, choosing not to engage means the claimant can apply to the tribunal as soon as the certificate is issued, and you will have given up a chance to resolve matters on your own terms. Many employers decide that talking is worthwhile, even when they think the claim is weak.

What should you do when Acas calls?

1. Note the date and the conciliator's name. Ask them to confirm details in writing.

2. Find out what the claim concerns. The conciliator can tell you the claimant's name and the nature of the dispute.

3. Do not agree to anything on the call. You can say you will review the matter and come back.

4. Preserve all documents. The same preservation duty applies from this point.

5. Take advice before you respond. What you say in conciliation can affect any later settlement or claim.

6. Early conciliation can now last up to 12 weeks (it was six weeks before 1 December 2025), so set an internal deadline.

What does a settlement look like?

If both sides agree, the conciliator records the terms on a COT3 form. Typical terms include a payment, an agreed reference, confidentiality and a promise not to bring the claim. Once signed, a COT3 normally prevents the claim being brought. Read the terms carefully before signing.

What if early conciliation fails?

If no agreement is reached, Acas issues a certificate, and the claimant can then submit an ET1 to the tribunal, within the relevant time limits. The tribunal then sends you the claim, and your ET3 response deadline starts to run. See what to do next in our guide to receiving an ET1 claim.

Time limits and early conciliation

For events on or after 1 October 2026, most claims must be brought within six months of the event complained about, for example the dismissal. Events that happened wholly before 1 October 2026 remain subject to the old limit of three months less one day. Early conciliation can extend the period.