Acas Early Conciliation

The Employment Tribunals Act 1996 (as amended by the Enterprise and Regulatory Reform Act 2013) requires claimants to notify Acas before bringing most employment tribunal claims. The requirement applies to the vast majority of tribunal claim types, including:

• Unfair dismissal
• Constructive dismissal
• Wrongful dismissal (breach of contract)
• Unlawful deduction from wages
• Holiday pay claims
• Discrimination claims (all protected characteristics under the Equality Act 2010)
• Whistleblowing (protected disclosure detriment)
• Redundancy pay disputes
• TUPE and collective redundancy consultation claims

A small number of claim types are exempt from the EC requirement — including applications for interim relief in whistleblowing or trade union dismissal cases (where speed is essential), and claims brought against the Secretary of State for National Insurance fund payments. These exemptions are narrow; if in doubt, notify Acas anyway.

You must notify Acas even if you believe your employer will not engage. The EC certificate issued at the end of the process is required to file your tribunal claim regardless of whether settlement discussions took place.

Time limits for employment tribunal claims are strict. The standard time limit for most claims is three months less one day from the act complained of (for example, the date of dismissal or the last deduction). For equal pay claims, the limit is six months.

How EC affects your time limit:

When you notify Acas, your tribunal time limit is automatically paused ('stopped'). It remains stopped for the duration of the EC process. Once EC concludes (either by settlement, Acas issuing a certificate, or the claimant withdrawing), the clock restarts. You then have:

• One calendar month from the date the certificate is issued, or
• The remaining time under your original three-month limitation period — whichever is longer

Example: If you were dismissed on 1 January, your three-month limit expires on 31 March (less one day). You notify Acas on 15 February (six weeks before the deadline). EC runs for four weeks and concludes on 15 March. Your certificate is issued on 15 March. You then have one calendar month from 15 March (i.e., until 15 April) to file your ET1, because one month from the certificate date is longer than the remaining time under the original limit.

To notify Acas: Complete the online notification form at acas.org.uk (the quickest method) or call 0300 123 1100. You will need your name, address, employer's name and address, and a brief description of the type of claim. You do not need a solicitor to do this.

Once you have submitted your EC notification, Acas will allocate a conciliator to your case within a few working days. The conciliator's role is strictly neutral — they do not advise either party on the merits of the claim, they do not make recommendations, and they have no power to impose a settlement.

The conciliator will:

• Contact you by phone to introduce themselves and find out about your situation
• Contact your employer to explain the EC process and find out their position
• Carry messages between the parties to explore whether settlement is possible
• Help both parties understand the risks and costs of tribunal proceedings
• Explore the range of possible remedies — including compensation, reinstatement, a written reference, or an apology

You are not required to engage with the conciliator. You can tell Acas immediately that you do not wish to attempt conciliation and request a certificate. However, engaging — even briefly — costs nothing and gives your employer the opportunity to resolve matters without the time, cost, and publicity of a tribunal hearing. Many cases settle for more than an employer initially offered once they understand the cost of tribunal proceedings.

Anything said during EC is without prejudice — it cannot be used as evidence in later tribunal proceedings. This means you can have frank discussions about settlement without those discussions being quoted against you.

If the parties do not reach agreement, Acas will issue an Early Conciliation Certificate. This document contains a unique EC reference number that you must include on your ET1 (Employment Tribunal claim form). Without a valid EC certificate number, the tribunal will reject your claim.

Filing the ET1:

1. Go to employment-tribunal-online.service.gov.uk to file online, or download a paper ET1.
2. Enter your EC certificate number in the relevant box.
3. Set out the details of your claim — what happened, the remedy you are seeking (compensation, reinstatement, etc.), and the legal grounds.
4. Pay the filing fee — there is currently no fee for employment tribunal claims following the Supreme Court's ruling in Unison v Lord Chancellor (2017) that fees were unlawful.

After filing: Your employer will receive a copy of the ET1 and must submit an ET3 (response) within 28 days. The tribunal will then set a case management hearing (a preliminary hearing by phone or video) to agree the issues in dispute and set a timetable for the final hearing.

Acas's post-EC conciliation service (called 'conciliation during tribunal proceedings') continues to be available throughout the proceedings. Many cases settle after the ET1 is filed, once the employer sees the full details of the claim in writing.