Acas Early Conciliation
How Acas Early Conciliation works — the mandatory pre-claim step before any Employment Tribunal claim, what it does, and the strict time-limit interactions.
Quick answer
Before issuing most Employment Tribunal claims in England, Wales, and Scotland, you must contact Acas (Advisory, Conciliation and Arbitration Service) to start Early Conciliation. Acas contacts your employer and tries to settle. The process is free and lasts up to 6 weeks. If conciliation fails, Acas issues a certificate; you then have a short window (depending on your original limitation period — usually 3 months less 1 day from the event, with a 'stop the clock' adjustment) to issue your ET1.
Overview
Acas Early Conciliation (EC) is the mandatory pre-claim conciliation step introduced by the Enterprise and Regulatory Reform Act 2013 for most Employment Tribunal claims. It is run by Acas, a free, neutral, statutory body. The aim is to resolve disputes without going to tribunal; about 75% of disputes referred to EC settle or are not pursued further. EC has critical time-limit consequences — getting the dates wrong is one of the leading reasons claims fail at the gateway.
Who Can Use This Process
- You have an Employment Tribunal claim against an employer (unfair dismissal, discrimination, wages, redundancy, etc.)
- Your claim falls within the categories where EC is required (almost all do)
- You are still within the underlying time limit (usually 3 months less 1 day from the date of the act complained of)
Step-by-Step Process
Calculate your original time limit
Most Employment Tribunal claims must be issued within 3 months less 1 day of the act complained of. Equal pay and redundancy pay claims have 6 months. Calculate this date carefully — missing it is fatal.
Notify Acas (start EC)
Complete the EC notification form on acas.org.uk or call them. The date Acas receives your notification is 'Day A'. The clock stops on your underlying time limit at this point.
Acas contacts your employer
An Acas conciliator contacts your employer (if you consent) and explores settlement. They are neutral — they advise both sides on likely tribunal outcomes and possible terms.
Conciliation period (up to 6 weeks)
Conciliation lasts up to 6 weeks but can be extended by 2 weeks if both sides agree. You can end it earlier if you want, by requesting a certificate. The clock stays paused throughout.
Outcome A: settlement
If you settle, the agreement (usually in a COT3 form) is binding. You agree not to pursue the claim. Money is typically paid within 14–28 days.
Outcome B: no settlement — get certificate
Acas issues an EC certificate with a unique reference number ('Day B'). You then have 1 month from Day B (or the original time limit minus the conciliation period, whichever ends LATER) to lodge your ET1 with HM Courts & Tribunals Service.
Costs
Important Warnings
EC time limits are unforgiving. If you miscalculate, your claim is time-barred and the tribunal almost always refuses to extend.
EC certificate reference numbers are required on the ET1 form — without one (or evidence you are exempt), the claim is rejected at the gateway.
If you do not engage with Acas, EC still proceeds and the certificate is issued at the end of the 6 weeks.
Useful Links
Frequently asked questions
- How much does it cost?
- Main outlays are: Acas Early Conciliation — Free; Employment Tribunal claim fee — Free (fees abolished after R (UNISON) v Lord Chancellor). Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: EC time limits are unforgiving. If you miscalculate, your claim is time-barred and the tribunal almost always refuses to extend.; EC certificate reference numbers are required on the ET1 form — without one (or evidence you are exempt), the claim is rejected at the gateway.; If you do not engage with Acas, EC still proceeds and the certificate is issued at the end of the 6 weeks.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Start Early Conciliation — Acas; Employment Tribunal — gov.uk. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.
Part of our Employment Disputes hub
Pre-claim grievance through ACAS Early Conciliation, ET1, and Employment Tribunal hearing under the post-ERA 2025 regime.