Early conciliation (EC) is a mandatory pre-claim process administered by the Advisory, Conciliation and Arbitration Service (Acas) which applies to most employment tribunal claims. Before presenting most types of employment tribunal claims, a prospective claimant must contact Acas to allow an independent conciliator the opportunity to assist the parties in reaching a settlement without the need for tribunal proceedings.

The process involves the prospective claimant notifying Acas of the dispute, after which Acas will contact the parties and establish whether they wish to participate in conciliation. If settlement is not reached, or either party does not wish to engage in the process, Acas will issue an Early Conciliation certificate. The claimant must usually obtain this certificate before issuing a tribunal claim.

Early conciliation can provide a quicker, less costly and less adversarial route to resolving employment disputes. However, parties must remain aware of strict tribunal limitation periods, as failure to commence Acas early conciliation or properly calculate the extension of time may result in a claim being out of time.

What is Early Conciliation?

Acas is an independent and impartial organisation responsible for helping employers and employees resolve workplace disputes. Early conciliation was introduced on 6 April 2014 and became mandatory for most employment tribunal claims presented on or after 6 May 2014.

The purpose of EC is to provide an opportunity for disputes to be resolved before tribunal proceedings are issued. A conciliator will act as a neutral intermediary between the parties and may assist with negotiations, clarify issues, and explore possible settlement options.

Acas does not decide who is right or wrong and does not provide legal advice to either party. Any settlement reached is voluntary and must be agreed by the parties.

The EC period is the period during which Acas has a duty to attempt to promote settlement. For notifications submitted on or after 1 December 2025, the EC period is 12 weeks. For notifications submitted before this date, the EC period was six weeks.

When is Early Conciliation Required?

Unless an exemption applies, a claimant cannot usually submit an employment tribunal claim without first obtaining an EC certificate confirming that Acas has been notified of the dispute.

Early conciliation applies to most employment tribunal claims, including:

● unfair dismissal;

● whistleblowing detriment and dismissal claims;

● discrimination claims;

● unlawful deduction from wages claims;

● breach of contract claims brought within the tribunal’s jurisdiction; and

● many other statutory employment claims.

There are limited exceptions where a claimant may issue proceedings without completing EC. These include:

‍● where another person has already complied with EC requirements in relation to the same dispute and the claimant is bringing proceedings arising from the same facts;

● where an unfair dismissal claim is accompanied by an application for interim relief, which must generally be made within seven days of the effective date of termination; and

● other prescribed circumstances under the Early Conciliation Regulations.

The Early Conciliation Process

Step 1: The Claimant Contacts Acas

A prospective claimant begins EC by submitting an EC notification form online or by post, or by contacting Acas by telephone and providing the required information.

The date Acas receives the notification, or the date the claimant contacts Acas by telephone, is known as Day A and marks the start of the EC period.

The claimant must provide:

● their name and contact details; and

● the name and contact details of the prospective respondent.

A claimant may nominate a representative, such as a solicitor, trade union representative or employment adviser, to communicate with Acas on their behalf.

At the beginning of the process, the claimant can choose whether they wish to attempt settlement through Acas or simply obtain an EC certificate so that they can proceed with a tribunal claim.

Step 2: Acas Contacts the Claimant

Where the claimant indicates that they wish to participate in conciliation, Acas will contact them to discuss the dispute and confirm whether they wish Acas to approach the employer.

Acas will make reasonable attempts to contact the claimant. If contact cannot be established, or the claimant decides not to participate, Acas will issue an EC certificate.

Step 3: Acas Contacts the Employer

If the claimant agrees, Acas will contact the prospective respondent to establish whether they wish to participate.

The employer may:

● agree to participate in conciliation;

● decline to participate; or

● fail to engage with Acas.

If the employer does not wish to participate, or Acas cannot establish contact, an EC certificate will be issued.

Employers may provide Acas with a nominated contact person to ensure EC notifications are directed appropriately.

Step 4: Conciliation Between the Parties

Where both parties agree to participate, the Acas conciliator will attempt to assist the parties in reaching a settlement.

Settlement discussions may involve:

● compensation payments;

● withdrawal of claims;

● agreed references;

● confidentiality provisions;

● reinstatement or re-engagement; or

● other practical solutions.

For notifications submitted from 1 December 2025 onwards, the normal EC period lasts 12 weeks. If settlement is not achieved during this period, Acas will issue an EC certificate.

Acas may continue assisting the parties after the EC period has ended where there remains a realistic prospect of settlement.

Employer-Initiated Early Conciliation

Employers do not need to wait for a claimant to begin the process.

Where an employer believes tribunal proceedings may be issued, it can contact Acas and request assistance with early conciliation.

Employer-led EC can be useful where a dispute has arisen and both parties may benefit from attempting settlement before formal proceedings begin.

However, participation in employer-initiated EC does not automatically extend the claimant’s tribunal limitation period.

Effect of Early Conciliation on Tribunal Time Limits

Employment tribunal claims are subject to strict limitation periods, usually:

● three months less one day from the relevant act or omission for most claims; or

● three months less one day from the effective date of termination for many dismissal claims.

Starting EC pauses the limitation clock.

The relevant dates are:

Day A – the date Acas receives the EC notification.

Day B – the date Acas issues the EC certificate.

The period between Day A and Day B is excluded when calculating the limitation period.

If the claimant has less than one month remaining after Day B, the limitation period is extended to one month after Day B.

Claimants should not assume that contacting Acas automatically provides unlimited time. The extension must be calculated carefully, and claims issued outside the applicable deadline may be at risk of being rejected.

The Early Conciliation Certificate

Acas will issue an EC certificate where:

● the claimant does not wish to participate in conciliation;

● the employer does not wish to participate;

● Acas cannot contact either party;

● either party withdraws from conciliation;

● the conciliator concludes settlement is unlikely;

● the EC period expires without settlement.

The certificate confirms:

● the names of the parties;

● the EC reference number;

● the date Acas received notification; and

● the date the certificate was issued.

The claimant will usually need the EC certificate number when submitting their tribunal claim.

Settlement Through Early Conciliation

Where settlement is reached, tribunal proceedings may not be necessary.

Acas settlements are usually recorded in a COT3 agreement.

A COT3 may include:

● payment of compensation;

● withdrawal of tribunal claims;

● confidentiality obligations;

● agreed references;

● non-disparagement provisions;

● confirmation that claims are settled in full and final settlement.

A COT3 agreement reached through Acas is legally binding. Once agreed, neither party can usually withdraw simply because they later reconsider the terms.

Unlike a settlement agreement, a COT3 does not require the employee to obtain independent legal advice before becoming binding.

Benefits of Early Conciliation

Early conciliation can provide several advantages, including:

Speed

Resolving a dispute through Acas may avoid lengthy tribunal proceedings.

Cost Savings

Settlement can avoid legal costs, preparation time and the uncertainty of litigation.

Confidentiality

Discussions through Acas are confidential and generally cannot be referred to in tribunal proceedings without consent.

Flexibility

Parties can agree solutions that a tribunal cannot order, such as:

● apologies;

● references;

● changes to workplace practices;

● agreed departures;

● confidentiality arrangements.

Practical Guidance for Employees

Employees should:

● begin Acas early conciliation before the tribunal limitation deadline expires;

● keep records of important dates and correspondence;

● consider whether settlement may achieve their objectives more quickly than litigation;

● obtain advice on the value of their claim before negotiating;

● ensure any settlement agreement accurately reflects what has been agreed.

Employees should remember that Acas conciliators are independent and cannot advise them whether they have a strong or weak claim.

Practical Guidance for Employers

Employers should:

● respond promptly to Acas contact;

● consider whether early settlement is commercially sensible;

● ensure the correct individuals are involved in negotiations;

● obtain advice on potential liability before making settlement offers;

● ensure any settlement agreement is properly documented.

Early engagement may reduce legal costs, management time and reputational risk.

This guide provides general information only and is not legal advice. Anyone considering a specific contract claim or counterclaim, whether an employer or an employee, should contact us here contact@gec-law.co.uk for legal advice.