Early Conciliation

Early Conciliation is a free process run by Acas that is a mandatory pre-condition for most Employment Tribunal claims. The prospective claimant submits an Early Conciliation notification online or by phone. Acas contacts both parties to explore settlement; the standard conciliation period is up to 6 weeks (extendable by 2 weeks by mutual agreement). If no settlement is reached, Acas issues an Early Conciliation Certificate with a reference number that must be quoted on the ET1 tribunal form. Critically, the tribunal time limit (usually 3 months) is paused ('tolled') during Early Conciliation, so the clock stops running when you notify Acas and restarts when the certificate is issued. Early Conciliation is confidential and without prejudice — offers made cannot be used as evidence in later proceedings unless both parties agree otherwise.

What it means in practice. Early Conciliation does two jobs at once. It gives both sides a free, low-pressure chance to settle before anyone spends money on a hearing, and — just as importantly — it freezes your time limit. Notifying Acas is a simple online form asking who you worked for and what happened; you do not need to plead your case or name your claims at this stage. Neither side is obliged to engage, and if the employer refuses to talk the certificate is issued straight away.

A worked example. Owen is dismissed on 1 March, so his three-month deadline would ordinarily expire on 31 May. He notifies Acas on 20 May, with eleven days left. Conciliation runs for four weeks and fails, and the certificate is issued on 17 June. Because the clock was paused while conciliation ran, he still has those eleven days from the certificate date, and a minimum one-month extension applies where the remaining time would otherwise be very short. He files his ET1 quoting the certificate number in early July, in time.

Common pitfalls. Leaving notification until the last few days is the classic error — the pause protects the time you had left, not time you have already used. Getting the employer's name wrong on the certificate is another, because the ET1 must name the same respondent, and a mismatch can cost you the claim. People also mistake conciliation for negotiation with a judge: the conciliator carries offers but never rules on merits, so silence from the other side means nothing about the strength of your case.

How it relates to other terms. Early Conciliation is run by Acas and is a compulsory gateway to the Employment Tribunal for almost all claims, including unfair dismissal, constructive dismissal, discrimination, and unpaid wages. A deal reached here is recorded on a COT3, which is simpler than a settlement agreement but equally final.

What to do next. Notify Acas today rather than waiting for an internal appeal to finish — read our Early Conciliation guide for exactly what to put on the form. Then use the employment tribunal guide to prepare your ET1, and settlement agreements before accepting any offer.